LB 2529 
.S5 
1912 
Copy 1 







Book 



/ ^'- >t 





-2^ 




General School Law 


of 




South Carolina 






1912 






^ 






CONTAINING 






ConAitutional Provisions Relating to Education, 






"Title IX Code of Laws 1912 on Public In^rudion." 






Adls Relating to Education. 1912 










Issued by the State Department of Education 




J. E. SWEARINGEN, State Superintendent 






PnDtera : The Michie Company 
Charlottesvaie, Va. 











'.I 



OCT 1* ^^^* 



s' 

^ \ 



GENERAL SCHOOL LAW 

OF 

SOUTH CAROLINA 
1912 



PUBLISHED BY J. E. SWEARINGEN 

State Superintendent of Education 



Constitutional Provisions, 1912 



ARTICLE XL ; 

Education. 

§ 1. The supervision of public instruction shall be vested in a State 
Superintendent of Education, who shall be elected for the term of two years by 
the qualified electors of the State, in such manner and at such time as the other 
State officers are elected ; his powers, duties and compensation shall be defined 
by the General Assembly. 

§ 2. There shall be a State Board of Education, composed of the Governor, 
the State Superintendent of Education, and not exceeding seven persons to be 
appointed by the Governor every four years, of which board the Governor shall 
be Chairman, and the State Superintendent of Education, Secretary. This board 
shall have the regulation of examination of teachers applying for certificates of 
qualification, and shall award all scholarships, and have such other powers and 
duties as may be determined by law. The traveling expenses of the persons to 
be appointed shall be provided for by the General Assembly. 

§ 3. The General Assembly shall make provision for the election or appoint- 
ment of all other necessary school officers, and shall define their qualifications, 
powers, duties, compensation and terms of office. 

§ 4. The salaries of the State and County school officers and compensation 
of County Treasurers for collecting and disbursing school moneys shall not be 
paid out of the school funds, but shall be otherwise provided for by the General 
Assembly. 

§ 5. The General Assembly shall provide for a liberal system of free public 
schools for all children between the ages of six and twenty-one years, and for the 
division of the counties into suitable school districts, as compact in form as prac- 
ticable, having regard to natural boundaries, and not to exceed forty-nine nor be 
less than nine square miles in area: Proznded, That in cities of ten thousand in- 
habitants and over, this limitation of area shall not apply: Provided, further, 
That when any school district laid out under this section shall embrace cities or 
towns already organized into special school districts in which graded school 
buildings have been erected by the issue of bonds, or by special taxation, or by 
donation, all the territory included in said school district shall bear its just pro- 



2 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

portion of any tax that may be levied to liquidate such bonds or support the pub- 
lic schools therein : Provided, further, That nothing in this article contained 
shall be construed as a repeal of the laws under which the several graded school 
districts of this State are organized. The present division of the counties into 
school districts and the provisions of law now governing the same shall remain 
until changed by the General Assembly.' 

§ 6. The existing County Boards of Commissioners of the several counties, 
or such officer or officers as may hereafter be vested with the same or similar 
powers and duties, shall levy an annual tax of three mills on the dollar upon all 
the taxable property in their respective counties, which tax shall be collected at 
the same time and by the same officers as the other taxes for the same year, and 
shall be held in the county treasury of the respective counties ; and the said fund 
shall be apportioned among the school districts of the county in proportion to the 
number of pupils enrolled in the public schools of the respective districts, and 
the officer or officers charged by law with making said apportionment shall notify 
the trustees of the respective school districts thereof, who shall expend and dis- 
burse the sam.e as the General Assembly may prescribe. The General Assembly 
shall define "enrollment." Not less than three trustees for each school district 
shall be selected from the qualified voters and taxpayers therein, in such manner 
and for such terms as the General Assembly may determine, except in cases of 
special school districts now existing, where the provisions of law now governing 
the same shall remain until changed by the General Assembly :- Provided, 
The manner of the selection of said trustees need not be uniform through- 
out the State. There shall be assessed on all taxable polls in the State be- 
tween the ages of twenty-one and sixty years (excepting Confederate soldiers 
above the age of fifty), an annual tax of one dollar on each poll, the proceeds 
of which tax shall be expended for school purposes in the several school districts 
in which it is collected. Whenever during the three next ensuing fiscal years the 
tax levied by the said County Boards of Commissioners or similar officers and 
the poll tax shall not yield an amount equal to three dollars per capita of the 
number of children enrolled in the public schools of each county for the scholastic 
year ending the thirty-first day of October in the year eighteen hundred and 
ninety-five, as it appears in the report ot the State Superintendent of Education 
for said scholastic year, the Comptroller General shall, for the aforesaid three 
next ensuing fiscal years, on the first day of each of said years, levy such an 
annual tax on the taxable property of the State as he may determine to be neces- 
sary to make up such deficiency, to be collected as other State taxes, and appor- 
tion the same among the counties of the State in proportion to the respective 
deficiencies therein. The sum so apportioned shall be paid by the State Treasurer 
to the County Treasurers of the respective counties, in proportion to the respect- 
ive deficiencies therein, on the warrant of the Comptroller General, and shall be 
apportioned among the school districts of the counties, and disbursed as other 
school funds ; and from and after the thirty-first day of December, in the year 
eighteen hundred and ninety-eight, the General Assembly shall cause to be levied 
annually on all the taxable property of the State such a tax, in addition to the 
said tax levied by the said County Boards of Commissioners or similar officers, 
and poll tax above provided, as may be necessary to keep the schools open 
throughout the State for such length of time in each scholastic year as the Gen- 
eral Assembly may prescribe ; and said tax shall be apportioned among the coun- 

1. The laws applying to school districts and so construed a separate act extending the bound- 

the Graded schools held not repealed by this con- aries of a school district already created may be 

stitutional provision. Martin v. School District of regarded a special provision in a general law. 

Laurens, 57 S. C. 12S. State v. McCaw, 77 S. C. 351, 58 S. E. 145. 

Liberal provision for support of schools required. 2. The General Assembly has no power to dis- 

Murph V. Landrum, 76 S. C. 32. And Acts in burse public school funds by Joint Resolution, ex- 

the interest of the schools will be so construed. cept through the trustees of the district. Asbill 

State, Spencer v. McCaw, 67 S. C. 351. v. Martin, 84 S. C. 271, 66 S. E. 297, distin- 

Subdivision XI, of § 34, art. Ill, Const., must guishing Dickson v. Burckmeyer, 67 S. C. 534. 
be construed in connection with this section, and 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 3 

ties in proportion to the deficiencies therein and disbursed as other school funds. 
Any school district may by the authority of the General Assembly levy an ad- 
ditional tax for the support of its schools.^ 

§ 7. Separate schools shall be provided for children of the white and colored 
races, and no child of either race shall ever be permitted to attend a school pro- 
vided for children of the other race.'* 

§ 8. The General Assembly may provide for the maintenance of Clemson 
Agricultural College, the University of South Carolina, and the Winthrop Nor- 
mal and Industrial College, a branch thereof, as now established by law, and 
may create scholarships therein ; the proceeds realized from the land scrip given 
by the Act of Congress passed the second day of July, in the year eighteen hun- 
dred and sixty-two, for the support of an agricultural college, and any lands or 
funds which have heretofore been or may hereafter be given or appropriated 
for educational purposes by the Congress of the United States, shall be applied 
as directed in the Acts appropriating the same : Provided, That the General As- 
sembly shall, as soon as practicable, wholly separate Claflin College from Clafiin 
University and provide for a separate corps of professors and instructors therein, 
representation to be given to men and women of the negro race ; and it shall be 
the Colored Normal, Industrial, Agricultural and Mechanical College of this 
State. 

§ 9. The property or credit of the State of South Carolina, or of any 
county, city, town, township, school district or other subdivision of the said State, 
or any public money, from whatever source derived, shall not, by gift, donation, 
loan, contract, appropriation, or otherwise, be used, directly or indirectly, in aid 
or maintenance of any college, school, hospital, orphan house, or other institu- 
tion, society or organization, of whatever kind, which is wholly or in part under 
the direction or control of any church or of any religious or sectarian denomina- 
tion, society or organisation.^ 

§ 10. All gifts of every kind for educational purposes, if accepted by the 
General Assembly, shall be applied and used for the purposes designated by the 
giver, unless the same be in conflict with the provisions of this Constitution. 

§ 11. All gifts to the State where the purpose is not designated, all es- 
cheated property, the net assets or funds of all estates or copartnerships in the 
hands of the Courts of the State where there have been no claimants for the 
same within the last seventy years, and other money coming into the Treasury 
of the State by reason of the twelfth section of an Act entitled "An Act to pro- 
vide a mode of distribution of the moneys as direct tax from the citizens of this 
State by the United States in trust to the State of South Carolina," approved the 
twenty-fourth day of December, in the year eighteen hundred and ninety-one, to- 
gether with such other means as the General Assembly may provide, shall be 
securely invested as the State School Fund, and the annual income thereof shall 
be apportioned by the General Assembly for the purpose of maintaining the 
public schools. 

§ 12. All the net income to be derived by the State from the sale or license 
for the sale of spirituous, malt, vinous and intoxicating liquors and beverages, 
not including so much thereof as is now or may hereafter be allowed by law to 
go to the counties and municipal corporations of the State, shall be applied an- 
nually in aid of the supplementary taxes provided for in the sixth section of this 

3. The term "levy" as the three mill tax im- 4. See Floyd v. News and Courier, 71 S. C. 

poses purely ministerial duties on the board, and 118. 

requires that it shall take such action as will place 5. See Attorney General's opinion as to what 

the tax on the auditor's books. Dickson v. Burck- are not violations of this section. In the case of 

meyer, 67 S. C. 534. the Epworth Orphange, September 27, 1902; and 

As to the apportionment of the tax, see Capers also Reports and Resolutions, 1905, vol. 2, p. 27. 
7'. Derham, 54 S. C. 349; Murph f. Landrum, 76 
S. C. 32. 



4 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

article ; and if after said application there should be a surplus, it shall 
be devoted to public school purposes, and apportioned as the General As- 
sembly may determine : Provided, hozvever, That the said supplementary taxes 
shall only be levied when the net income aforesaid from the sale or license for 
the sale of alcoholic liquors or beverages is not sufficient to meet and equalize 
the deficiencies for which the said supplementary taxes are provided.*^ 

* * •-!-- * ^ ***;!; * 

Done in Convention in Columbia, on the fourth day of December,, in the year 
of our Lord one thousand eight hundred and ninety-five. 

JOHN GARY EVANS, President of the Convention. 
IRA B. JONES, Vice-President of the Convention. 
W. JASPER TAEBERT, Vice-President of the Convention. 
Attest : 

S. W. VANCE, Secretary of the Convention. 

6. Murray v. Wilson Distilling Co., 53 Iv. Ed. Landrum, 76 S. C. 22; Capers v. Derham, 54 S. 
742, 213 U. S. 151. C. 350. 

Plow funds must be apportioned. See Murph v. 



Code of Laws of South Carolina, 1912 



TITLE IX. 

OF PUBLIC INSTRUCTION. 



Chapter XXIV. Free Public Schools. 
Chapter XXV. Colleges and Universities. 
Chapter XXVI. The Clemson Agricultural College. 

Chapter XXVII. South Carolina Institute for the Education of the Deaf, Dumb 
and Blind. 



CHAPTER XXIV. 
Free Public Schools. 



Sec. 

1698. 



1699. 
1700. 
1701. 
1702. 



1703. 
1704. 
1705. 
1706. 

1707. 



Sec 
State Superintendent of Educa- 1720. 

tion — His election, bond and 

salary. 
Duties. 

To report to General Assembly. 1721. 

Salary of clerk. 
State Treasurer to hold devise or 1722. 

bequest to state for educational 

purposes, etc. 1723. 

Other duties. 1724. 

Vacancy — How filled. 

State Board of Education. 1725. 

Meetings of Board — Compensa- 1726. 

tion. 1727. 

Advisory Board to Superintendent 1728. 

of Education — Powers in cases 

of appeal. 1729. 

1708. General powers of Board. 

1709. State Board of Education to award 1730. 

certain scholarships. 

1710. Dates of competitive examinations. 1731. 

1711. Conditions and methods of exami- 1732. 

nations. 

1712. Vacancies — How filled. 

1713. Requirement as to scholarships. 1733. 

1714. Normal scholars deposit notes. 

1714a. Award of scholarships in Win- 1734. 
throp regulated. 1735. 

1714b. Beneficiary scholarships to Clem- 1736. 
son to be awarded — How. 

1714c. Beneficiary scholarships for Clem- 
son. ' 1737. 

1714d. Scholarships to be awarded — 

How. 1738. 

1714e. Scholarships at large. 

1714f. Age limit. • 1739. 

1714g. Board of Education to appoint. 

1714h. How scholarships to be paid for 1740. 
— Term of scholarship. 1741. 

1715. Enrollment defined. 1742. 

1716. Enrollment in night schools to be 

counted in apportionment. 

1717. County Superintendent of Educa- 1743. 

tion. 

1718. Vacancies. 1744. 

1719. Duty to visit schools, etc. 1745. 



County Superintendent to attend 
annual settlement of County 
Treasurer — Apportionment of 
school funds. 

Reports of County Superintendent 
— What to contain. 

Annual report, etc., of County Su- 
perintendent; 

County to furnish certain things. 

Report to County Treasurer all 
claims approved. 

Register to be kept. 

What to furnish the Trustees. 

Seal of County Superintendent. 

Salaries of County Superintendents 
of Education fixed. 

County Board of Education— Of 
whom composed, etc. 

Duties of County Board of Educa- 
tion. 

What shall be taught. 

Physiology and hygiene to be 
taught in public schools — Nature 
of alcoholic drinks and narcotics. 

Text-books relating to alcoholic 
drinks and narcotics. 

Penalty to enforce provisions. 

Three mill tax. 

Advisory Board to County Super- 
intendent — Powers in case of 
appeal. 

Meetings and duties of Board of 
Education. 

Counties to be divided into school 
districts — By whom, size of, etc. 

Dissolution of school districts in 
adjoining Counties. 

Board of Trustees. 

School districts made tax districts. 

How school districts may levy 
special school tax — How col- 
lected and paid. 

School districts may issue bonds — 
Elections. 

How election shall be held. 

Ballots. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 



as 



receive pay 

of Schoo 



Sec. 

1746. How bonds shall be sold — Special 

tax levy. 

1747. How^ bonds shall be signed. 

1748. Proceeds — How disposed of. 

1749. How money shall be deposited. 

1750. Special school districts in adjoin- 

ing Counties. 

1751. School bonds exempt from taxa- 

tion. 

1752. Appointment of school Trustees — 

Terms — Duties — Graded Schools 
— Districts of five thousand in- 
habitants. 

1753. Duty of Board of Trustees. 

1754. Regular session of Board of Trus- 

tees. 

1755. Power to sell school property. 

1756. Transfer of pupils — When and how 

made. 

1757. Reports of teachers — How and to 

whom made. 

1758. Claims against fund- — How and by 

whom signed. 

1759. All school warrants to be approved 

by County Superintendent of 
Education. 

1760. Trustees not to 

teachers. 

1761. Powers and duties 

Trustees. 

1762. Fund for public school buildings. 

1763. Additions to fund. 

1764. Consolidated districts to have pref- 

erence. 

1765. Must comply with plans of the 

State Board of Education. 

1766. Approval of County Board neces- 

sary. 

1767. Show how funds paid out. 

1768. Tax returns. 

1769. Poll tax, etc., to be reported. 

1770. Poll tax in the County. 

1771. County Treasurer to report who 

have paid poll tax. 

1772. Treasurer to make monthly reports 

to County Superintendent of 
Education. 

1773. Moneys — How disbursed. 

1774. County Treasurer to make a re- 

port to State Superintendent. 

1775. Unexpended balances to be carried 

forward. 

1776. Unlawful for certain officers to dis- 

count teachers' pay certificates. 

1777. Trustees to regulate the school 

terms — Contracts of Trustees. 

1778. Age of attendance. 

1779. State and County Boards and 

Trustees exempted from militia 
duty. 

1780. Mixed schools unlawful. 

1781. Scholastic year. 

1782. Public schools to be kept open 

three months. 

1783. Appropriation to increase school 

term. 

1784. Same. 

1785. Same. 

1786. Same. 



Sec. 

1787. Same. 

1788. Same. 

1789. Same. 

1790. Annual capitation tax on dogs. 

1791. Printing. 

1792. Acts creating special graded 

schools districts not repealed — 
Annual reports — Special tax and 
tuition. 

1793. Text-books provided at cost — 

Funds — Depositories, etc. 

1794. School Trustees may purchase 

books for certain pupils. 

1795. School book depositories. 

1796. Fund for free library. 

1797. How money to be paid. 

1798. Selection of books. 

1799. Preservation of books. 

1800. Exchange of libraries. 

1801. Appropriation. 

1802. Number of schools entitled to 

benefit. 

1803. Enlargement of libraries. 

1804. Unlawful to use condemned books. 

1805. Old school claims paid. 

1806. Officers authorized to borrow 

money to pay school claims — 
Amount, interest and disburse- 
ment. 

1807. Reserve fund to place schools on 

cash basis. 

1808. Reserve fund — How used and 

maintained. 

1809. Students of public schools to ob- 

serve Arbor Day. 

1810. South Carolina Day to be ob- 

served. 

1811. Officers and Trustees of certain 

institutions to report to State 
Superintendent. 

1812. County Superintendent of Educa- 

tion charged with schools, etc., 
outside city of Charleston, al- 
lowed mileage. 

1813. Division of city of Charleston into 

six school districts — School 
Board — How constituted. 

1814. Powers and duties of School 

Board of city of Charleston. 

1815. Provision for the higher education 

of meritorious boys — Power 
and duty of Board. 

1816. Board to appoint beneficiaries in 

State University. 

1817. Power to establish Public School 

teachers' retirement fund for 
city of Charleston. 

1818. Board of Trustees for fund — Of 

whom to consist — Duties, etc. 

1819. What teachers may become bene- 

ficiaries by fund. 

1820. Same. 

1821. H fund insuffu' n i^or purpose, to 

be paid out pro lata. 

1822. Disposition of surplus school 

funds in Charleston County. 

1823. How surplus to be ascertained. 

1824. How said funds are to be used. 

1825. High schools may be established. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 7 

Sec. _ Sec. 

1826. Election to be held — Board of 1835b. Annual appropriation to be made 

Trustees to be appointed. for rural schools. 

1827. High school district may vote a 1835c. Certain requirements for school 

tax. to be entitled to share in $200 

1828. Any high school already estab- appropriation. 

lished may claim privilege of 1835d. Requirements for $300 Appropria- 
this Act. tion. 

1829. Classification of high schools. 1835e. Districts prohibited. 

1830. Who shall classify. 1835f. May convey children to school. 

1831. State High School Board— Rules 1835g. State Superintendent of Educa- 

for apportionment of funds. tion may refuse aid. 

1832. How funds shall be paid out. 1835h. Rules and regulations for distri- 

1833. Each district may receive gifts — bution of funds. 

May issue bonds— Election. i835i. Applications. 

1834. Sixty thousand dollars appropn- 1835J. Balance of State Dispensary Fund 

ated for high schools. to be distributed among coun- 

1835. Limit to time as to high schools. ties 

1835a. Term of office of County Super- 1835k. How paid out. 
intendent to begin July 1 — Pro- 18351. How used. 
visos. 1835m. Apportionment and expenditure. 

§ 1698. State Superintendent of Education — His Election, Bond, and 
Salary. — The State Superintendent of Education shall be elected at each general 
election, in the same manner as other State officers, and shall enter upon the 
duties of his office at the time prescribed by law. Before entering upon the duties 
of his office, he shall give bond, for the use of the State of South Carolina, in 
the penal sum of five thousand ($5,000) dollars, with good and sufficient sure- 
ties, to be approved by the Governor, conditioned for the faithful and impartial 
performance of the duties of his office; and he shall also, at the time of giving 
bond, take and subscribe the oath prescribed in Section 26 of Article III of the 
Constitution of the State, which shall be endorsed upon the back of said bond; 
and the bond shall be filed with the Secretary of State, and by him recorded, and 
when so recorded, shall be filed with- the State Treasurer. The Superintendent 
of Education shall receive as compensation for his services the sum of nineteen 
hundred dollars per annum, payable monthly out of the State Treasury; and his 
traveling expenses, not exceeding three hundred dollars, shall be paid out of the 
State Treasury upon duly itemized accounts rendered by him. 

Civ. '02, § 1174; 1896, XXH, 150; 1901, XXIII, 750. 

§ 1699. Duties. — He shall have general supervision over all the public 
school funds, and it shall be his duty to visit every County in the State as often 
as practicable for the purpose of inspecting the schools, awakening an interest 
favorable to the cause of education, and difl"'using as widely as possible, by public 
addresses and personal communications with school officers, teachers and par- 
ents, a knowledge of existing defects and of desirable improvements in the gov- 
ernment and instruction of the said schools. He shall secure, by and with the 
advice of the State Board of Education, uniformity in the use of text books 
throughout the free public schools of the State, and shall forbid the use of sec- 
tarian or partisan books and instruction in said schools. He shall prepare and 
transmit to the several County Superintendents of Education, school registers, 
blank certificates, reports and such other suitable blanks, forms and printed in- 
structions as may be necessary to aid school officers and teachers in making their 
reports and carrying into full effect the various provisions of the school laws of 
this State ; and shall cause the law relating to the free public schools, with such 
rules, regulations, forms and instructions as shall be legally prescribed, to be 
printed, together with a suitable index, in pamphlet form., at the expense of the 
State ; and he shall cause copies of the same to be transmitted to the several 
County Superintendents of Education for distribution. He shall collect in his 
office such school books, apparatus, maps and charts as can be obtained. He may 



8 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

certify copies of all papers filed in his office, and such certified copies shall be 
competent evidence thereof.^ 
Civ. '02, § 1175; 1896, XXII, 150. 

§ 1700. To Report to General Assembly. — He shall make a report, 
through the Governor, to the General Assembly at each regular session thereof, 
showing: 1. The whole number of pupils registered in and the number enrolled 
as hereinafter defined in the free common schools of this State during the year 
ending the thirtieth day of the last preceding June, and the number in each 
County registered in and the num.ber enrolled as hereinafter defined during the 
same period. 2. The number of whites and the number of colored, of each sex, 
attending the said schools. 3. The number of free schools in the State. 4. The 
number of pupils studying each of the branches taught. 5. The average wages 
paid to teachers of each sex, and to the principals of schools and departments in 
said schools. 6. The number of school houses erected during the year, and the 
location, material and cost thereof. 7. The number previously erected, and the 
material of their construction, and their condition and value-, and the number 
with the grounds enclosed. 8. The Counties in which Teachers' Institutes were 
held, and the number attending the Institutes in each County. 9. Such other 
statistical information as he may deem important, together with such plans as 
he may have matured and the State Board of Education may have recommended 
for the management and improvement of the school fund and for the more per- 
fect organization and efficiency of the free public schools. All State institutions 
of higher learning shall make an annual report on or before the first day of Sep- 
tember of each year to the State Superintendent of Education, embracing a de- 
tailed account of the operations of such institutions, including the expenditure 
of the public moneys for the current scholastic year, which reports the State Su- 
perintendent of Education shall include in his annual report to the Legislature. 
All Acts or parts of Acts requiring annual reports to be made to other authori- 
ties are hereby repealed. 

Civ. '02, § 1176; 1896, XXII, 150. 

§ 1701. Salary of Clerk. — The sum of nine hundred dollars shall be allowed 
to the Superintendent of Education for the purpose of defraying the expenses 
of clerk hire in his office. 

Civ. '02, § 1177; 1896, XXII, 150. 

§ 1702. State Treasurer to Hold Devise or Bequest to State for Ed- 
ucational Purposes, etc. — The State Treasurer shall take and hold in trust for 
the State any grant or devise of lands and any gift or bequest of money or other 
personal property made to him for educational purposes, all gifts to the State 
where the purpose is not designated, all escheated property, the net assets or 
funds of all estates or copartnerships in the hands of the Courts of the State 
where there have been no claimants for the same within the last seventy years, 
and other money coming into the Treasury of the State by reason of the twelfth 
Section of an Act entitled "An Act to provide a mode of distribution of the 
moneys as direct tax from the citizens of this State by the United States in trust 
to the State of South Carolina," approved the twenty-fourth day of December in 
the year eighteen hundred and ninety-one, together with such other means as the 
General Assembly may provide. The State Treasurer shall from time to time 
invest in bonds of this State or of the United States all such money in the name 
of the State, as a permanent State school fund, and shall pay out the income de- 
rived therefrom to the County or the Counties of the State as the same mav be 
apportioned among said Counties by the State Board of Education: Provided, 
That no disposition shall be made of any property, grant, devise, gift, or beauest, 
inconsistent with the purposes, conditions or terms thereof. For the faithful 

1. Duncan v. State Board, 74 S. C. 560, 564, 54 S. E. 760, affirmed in 78 S. C. 227, 249, 58 
S. D. 1095. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 9 

management of all property so received by the State Treasurer, he shall be re- 
sponsible upon his bond to the State as for other funds received by him in his 
official capacity : Provided, hozvever, That the Trustees of any school district 
of this State may take and hold in trust for their particular school district any 
property granted, devised, given or bequeathed to such school district, and apply 
the same in the interest of the schools of their district in such manner as in their 
judgment seems most conducive to the welfare of the schools v^^hen not other- 
wise directed by the terms of the grant, devise, gift or bequest: And provided, 
further. That before said Trustees shall assume control of any grant, devise, gift 
or bequest they shall give a bond, to be approved by the County Board of Edu- 
cation of the County in which such grant, devise, gift or bequest is made, con- 
ditioned for the faithful discharge of the trust reposed in them in respect to said 
property, which bond shall be deposited with the Clerk of the Court of said 
County. The said Trustees are hereby invested with the care and custody of 
all school houses or other school property belonging to their school districts, with 
full power to control the same in such manner as they may think will best sub- 
serve the interest of the free public schools and the cause of education. 
Civ. '02, § 1178; 1896, XXII, 150. 

§ 1703. Other Duties. — The State Superintendent of Education shall dis- 
charge such other duties as may be provided by law ; and he shall deliver to his 
successor, within ten days after the expiration of his term of office, all books, 
papers, documents and other property belonging to his office. 

Civ. '02, § 1179; 1896, XXII, 150. 

§ 1704. Vacancy — How Filled. — In case a vacancy occurs in the office of 
State vSuperintendent of Education, from any cause, such vacancy shall be filled 
by the Governor, by and with the advice and consent of the Senate, and the per- 
son so appointed shall qualify within fifteen days from the date of such appoint- 
ment, or else the office shall be deemed vacant. If the vacancy occur during the 
recess of the Senate, the Governor shall fill the same by appointment until the 
Senate can act thereon. 

Civ. '02, § 1180; 1896, XXII, 150. 

§ 1705. State Board of Education. — The Governor, the Superintendent 
of Education, and seven persons, one from each Congressional District, to be 
appointed by the Governor, who shall hold office for four years, and until their 
successors may be appointed, unless sooner removed by the Governor, shall con- 
stitute the State Board of Education. Of this Board the Governor shall be ex 
officio Chairman, and the State Superintendent of Education shall be Secretary 
of the Board. The Secretary shall be custodian of 'its records, papers and effects, 
and shall keep minutes of its proceedings ; and said records, papers and minutes 
shall be kept in the office of the State Superintendent of Education and shall be 
open to inspection by the public. 

Civ. '02, § 1181; 1896, XXII, 150. 

§ 1706. Meetings of Board — Compensation. — The said Board shall meet 
on the call of its Chairman, or upon the request of a majority of its members, 
at the office of the State Superintendent of Education, or at such other place as 
may be designated in the call. A majority of the Board shall constitute a 
quorum for transacting business. The official seal of the State Superintendent 
of Education shall be used for the authentication of the acts of the State Board. 
The members of the State Board of Education appointed by the Governor shall 
receive as compensation four dollars per diem and mileage as is provided for 
members of the General Assembly, not exceeding twenty days in any one year. 

Civ. '02, § 1182; 1896, XXII, 150. 

§ 1707. Advisory Board to Superintendent of Education — Powers in 
Cases of Appeal. — The State Board of Education shall constitute an advisory 
body, with whom the State Superintendent of Education shall have the right to 



10 . GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

consult when he is in doubt as to his official duty; and shall have power to re- 
view on appeal all decisions of the County Boards of Education, as hereinafter 
provided for. Appeals to the State Board of Education must be made through 
the County Boards of Education, in writing, and must distinctly set forth the 
question of law as well as the facts of the case upon which the appeal is taken, 
and the decision of the State Board shall be final upon the matter at issue. - 
Civ. '02, § 1183; 1896, XXII, 150. 

§ 1708. General Powers of Board.^The State Board of Education shall 
have power: 1. To adopt rules and regulations not inconsistent with the laws of 
the State for its own government and for the government of the free public 
schools.^ 

2. To prescribe and enforce rules for the examination of teachers. 3. To pre- 
scribe a standard of proficiency before County Boards of Education which will 
entitle persons examined by such Boards to certificates as teachers. 4. To pre- 
scribe and enforce the course of study in the free public schools. 5. To prescribe 
and to enforce, as far as practicable, the use of a uniform series of text-books 
in the free public schools of the State ; to enter into an agreement with the pub- 
lishers of the books prescribed, fixing the time of prescription and the price above 
which the books shall not be retailed during the period of prescription, and a 
rate of discount at not less than which the books shall be furnished to the retail 
dealers in this State; to require the publishers, in the discretion of the Board, to 
establish in each County one or more depositories of their books within the State, 
at such place or places as the Board may designate, and where such books may be 
obtained without delay; and to exact of the publishers a bond in the sum of not 
more than five thousand dollars conditioned for the faithful performance of the 
agreement, and with a penalty of twenty-five dollars for each violation of the 
agreement, the form and execution of the bond to be approved by the Attorney- 
General of the State, which agreement and bond shall be deposited with the 
State Treasurer, all recoveries thereon to go into the State Treasury for school 
purposes: Provided, That the State Board of Education shall not have power, 
without permission of the General Assembly of the State, to change a text-book 
within five (5) years from the date of its adoption, except for violation of the 
agreement entered into by its publisher with the State Board of Education, for 
which cause it may be changed by the said Board; and it shall be unlawful for 
any teacher drawing public school money to use any book not prescribed by the 
State Board of Education without the consent, in writing, of said Board. 6. To 
grant State teachers' certificates and to revoke them for immoral or unprofes- 
sional conduct, profanity or evident unfitness for teaching. 7 . To review on ap- 
peal an order revoking a County certificate. 8. To award scholarships created 
by the General Assembly in the institutions of learning supported in whole or 
in part by the State. 

Civ. '02, § 1184; 1896, XXII, 150. 

§ 1709. State Board of Education to Award Certain Scholarships. — 

The scholarships provided by law in the University of South Carolina, in the 
Clemson Agricultural College, in The Citadel, the Military College of South 
Carolina, and in the Winthrop Normal and Industrial College, shall be awarded 
by the State Board of Education upon the recommendation of the faculties of 
the respective institutions, or of such committees as may be appointed for that 
purpose by the boards of trustees of those institutions. 
1911, XXVII, 113. 

2. Ex parte Greenville College. 75 S. C. 93, 95, at State capitol a central wholesale depository 
55 S. E. 132. See, also, post, § 1736. from which its agencies and the County deposi- 

3. Williams v. Hiers, 51 S. C. 388, 29 S. E. 89. tories may be supplied at discount of not less 
There is no indication in this Section that State than ten per cent. Duncan v. State Board, 74 

Board of Education may not provide by contract S. C. 560, 564, 54 S. E- 760, affirmed in 78 S. 
with publishers of school text-books to maintain C. 227, 249, 58 S. E. 1095. 



GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 11 

§ 1710. Dates of Competitive Examinations. — These recommendations 
shall be determined by competitive examinations. The dates of these examina- 
tions shall be as follows : For the University of South Carolina, and for the 
Clemson Agricultural College, the second Friday in July of each year. For The 
Citadel, the Military College of South Carolina, the second Friday in August of 
each year. For the Winthrop Normal and Industrial College, the first Friday 
in July of each year. 

1911, XXVII, 113. 

§ 1711. Conditions and Methods of Examinations. — The conditions and 
methods of these examinations shall be as follows : No person who, during the 
current year, has won or holds a scholarship at one State institution shall be 
eligible to stand an examination for a scholarship in any other State institution. 
No applicant for a scholarship shall be eligible to stand an examination for a 
scholarship if such applicant has already attended the institution for which the 
scholarship is intended, or any other institution of higher learning known as col- 
lege or university: Provided, That this condition shall not apply where there 
is no other applicant. No student who has forfeited a free scholarship, because 
of failure to maintain himself, shall be eligible to compete for reappointment at 
the same institution, or appointment in any other institution. No applicant shall 
be debarred from any of these examinations by reason of the fact that he or she 
has not obtained a permit to stand. The questions for these examinations shall 
be prepared under the direction of the presiding ofiicers of the several institu- 
tions, and shall be forwarded to the respective County Superintendents of Edu- 
cation ten days before the dates appointed for the respective examinations. The 
said County Superintendents of Education shall hold the said examinations un- 
der such rules as may be prescribed by the respective institutions and approved 
by the State Board of Education, and the County Superintendents of Education 
shall forward the papers to the presiding officers of the several institutions. The 
papers shall be examined under the direction of the presiding officers of the re- 
spective institutions, and the faculty of each institution, or such committee as 
the board of trustees thereof may appoint for that purpose, shall make recom- 
mendations as to the award of the scholarships to the State Board of Education. 
Each institution shall have the right to reject any applicant who, in respect of 
age, of examination papers, or in any respect, fails to meet its requirements for 
admission. 
1911, XXVII, 113. 

§ 1712. Vacancies — How Filled. — If a vacancy shall occur in a scholai:- 
ghip for which there is no eligible applicant from the county to which that scholar- 
ship belongs, the faculty of the institution in which that vacancy occurs, or the 
committee to which this duty has been entrusted by the board of trustees, may 
fill the vacancy by the appointment of any applicant from the State at large: 
Provided, That when such vacancy is filled by such appointment at large the 
scholarship shall again become vacant at the end of the current session if there is 
an eligible applicant from the County to which the scholarship regularly belongs. 

1911, XXVII, 113. 

§ 1713. Requirement as to Scholarships. — Those receiving scholarships 
in the University of South Carolina shall be required to take the regular teach- 
ers' normal course. 

1911, XXVII, 113. 

§ 1714. Normal Scholars Deposit Notes. — All holders of normal scholar- 
ships in the University of South Carolina shall be required at the time of the 
receipt of any scholarship funds by them to deposit with the treasurer of the 
University their notes for the amount of scholarship money received, promising 
to repay such money to the State Treasurer at or before the expiration of eight 
years after the date of such receipt, which notes and promises shall be cancelled 



12 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

on presentation to the dean of the department of education of satisfactory evi- 
dence of the promissors' having taught school in South CaroHna for tw^o years 
after leaving the institution. 

1911, XXVII, 113. 

§ 1714a. Award of Scholarships in Winthrop Regulated. — After the 
approval of this Act, in counties to which less than four free scholarships in Win- 
thro]:) College are apportioned, at least one such scholarship shall be open ex- 
clusively to applicants from rural communities, and in counties having more than 
four such scholarships at least two shall be open exclusively to applicants from 
rural communities : Provided, That nothing herein contained shall prevent ap- 
plicants from rural communities from contesting for any such scholarships : Pro- 
vided, The said applicants from rural communities make the required entrance 
examination average ; if they do not, then the award of the scholarship shall re- 
vert to such other applicant or applicants who make the required average. 

1912, XXVII, 685. 

§ 1714b. Beneficiary Scholarships to Clemson to Be Awarded — How. 

— The beneficiary scholarships in Clemson Agricultural and Mechanical College 
as now apportioned among the several counties shall be awarded as hereinafter 
provided, to wit : in counties having less than four such scholarships, one shall 
be open exclusively to boys from rural communities, and in counties having four 
or more such scholarships, at least two thereof shall be open exclusively to boys 
from rural communities : Provided, That nothing herein shall exclude boys re- 
siding in rural communities from also contesting for any of such scholarships. 
1912, XXVII, 685. 

§ 1714c. Beneficiary Scholarships for Clemson.— There are hereby es- 
tablished and created fifty-one beneficiary agricultural scholarships in the Clem- 
son Agricultural College of South Carolina, said scholarships to be of the value of 
$100.00 per annum, and free tuition, and to be awarded so that there shall be one 
scholarship to each county, and seven scholarships from the State at large. 

1912, XXVII, 686. 

§ 1714d. Scholarships to Be Awarded — How. — The said scholarships 
shall be awarded as a prize for meritorious agricultural achievement under the 
following conditions: On or before July 1st, the County Executive Committee 
or other governing Board of the most representative and well recognized agricul- 
tural association or society or organization of farmers in the county as de- 
termined from time to time by the Board of Trustees of Clemson Agricultural 
College, shall recommend to the President of the said Clem.son Agricultural Col- 
lege, in order of merit, three or more young men who have done creditable work 
of an agricultural nature, giving an explicit statement of the work done by each. 
The young men thus recommended shall be notified by the President of the Col- 
lege and shall stand examination at the county seat at the same time and under 
the same conditions as other scholarship applicants ; except that no certificate of 
financial inability shall be required. In the event of there being no such agricul- 
tural association or society, or organization of farmers in any particular county, 
the Director of the Agricultural Department of the said Clemson Agricultural 
College shall solicit opinions from three or more representative farmers in the 
said county, and from these recommendations prepare a list which shall be sub- 
mitted to the President of the College in lieu of the recommendation of the said 
Executive Committee or other governing Board of such agricultural association, 
society, or organization of farmers. 

1912, XXVII. 686. 

§ 1714e. Scholarships at Large. — Recommendations for the seven schol- 
arships at large shall be made in every way as for the county scholarships, except 
that the Executive Committee or other governing Board of the most representa- 
tive and well recognized agricultural association or society or organization of 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 13 

farmers in the State at large as determined from time to time by the Board of 
Trustees of Clemson Agricultural College shall act instead of the County Ex- 
ecutive Committee or other governing Board hereinbefore mentioned in Sec- 
tion 1714d. 

1913, XXVII, 686. 

§ 1714f. Age Limit. — Any student as above recommended for meritorious 
agricultural service shall, as a prerequisite to admission to the Clemson Agricul- 
tural College, be of such age as is fixed by the Board of Trustees for admission 
of other students, and shall have passed the entrance examinations as required of 
other beneficiary scholarship students. 

1912, XXVII, 686. 

§ 1714^. Board of Education to Appoint. — The Faculty of the said 
Clemson Agricultural College, or committee designated by the Board of Trus- 
tees for that purpose, shall recommend to the State Board of Education for ap- 
pointment to the scholarship, one of the young men on the list of those recom- 
mended who has successfully passed the examination, and is otherwise qualified. 

1912, XXVII, 686. 

§ 1714h. How Scholarships to Be Paid for — Term of Scholarship. — 

The said scholarships shall be paid from the income of the said Clemson Agri- 
cultural College as now provided by law, and each shall continue for a term not 
exceeding one year ; or for such length of time as the beneficiary shall be able to 
maintain himself as a student of the college, and the said sum of $100.00 per 
annimi shall be placed to the credit of each beneficiary, and applied to the pay- 
ment of his board and other necessary expenses. 
1912, XXVII, 686. 

§ 1715. Enrollment Defined. — No child shall be counted in the enrollment 
more than once, nor in more than one school district in any one school year, and 
the school officer charged with the duty of enrollment willfully violating this pro- 
vision shall be guilty of a misdemeanor. The teacher or principal of every school 
shall keep and furnish annually to the Trustees of the school district a list of all 
pupils that have attended the school during the preceding scholastic year, show- 
ing the names of the pupils, their respective places of residence and the number 
of days each pupil has attended, which list shall be certified to the County Board 
of Education by said Trustees on or before the 1st day of August in every year. 
Civ. '02, § 1185; 1896, XXII, 150. 

§ 1716. Enrollment in Night Schools to Be Counted in Apportion- 
ment. — Whenever any children of school age, as provided by law, shall attend a 
public night school for twenty nights in any scholastic year, they shall be deemed 
enrolled and their names shall be used by the County Boards of Education in 
making apportionments just as if they had attended day school ten days, as pro- 
vided by law : Provided, That the said night schools shall be taught by teachers 
qualified by law to teach in the public schools of the State: And Provided, also, 
That the course of study shall be the course approved by the State Board of Edu- 
cation for use in the public schools of the State. 

The same children shall not be counted twice in making up the enrollment of 
a school district. 

1905, XXIV, 960. 

§ 1717. County Superintendent of Education. — There shall be elected by 
the qualified electors of the County a County Superintendent of Education for 
each County, who shall hold his office for the term of four years and until his 
successor is elected and qualified, except in the Counties of Anderson, Bamberg, 
Beaufort, Berkeley, Fairfield, Hampton, Lancaster, Marion, Pickens, Simiter, 
Williamsburg and York, in which Counties his term of office shall be two years. 
He shall, before being commissioned and entering upon the duties of his office, 



14 GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 

give bond to the State, for the use of the County in which he is elected, for educa- 
tional purposes, in the penal sum of one thousand dollars, except in the County of 
Dorchester, where the bond of the Superintendent of Education shall be two 
thousand dollars, with good and sufficient sureties, to be approved by the County 
Board of Commissioners, conditioned for the faithful and impartial discharge of 
the duties of his office ; and shall take and subscribe the oath of office prescribed 
in Section 26, Article III, of the Constitution of this State, which- he shall file in 
the office of the Secretary of State. When commissioned, he shall immediately 
enter upon the discharge of his duties. His failure to qualify within thirty days 
after notice of his election shall create a vacancy: Provided, The bond of the 
Superintendent of Education for Saluda County, which has a large reserve school 
fund, shall be five thousand dollars. 

Civ. '02, § 1186; 1896, XXII, 150; 1903, XXIV, 58; 1907, XXV, 652; 1908, XXV, 1350; 
1909, XXVI, 124, 180; 1910, XXVI, 698, 699, 700; 1911, XXVII, 62. 

§ 1718. Vacancies. — The State Board of Education shall fill all vacancies 
in the office of County Superintendent of Education for the unexpired term. 
Civ. '02, § 1187; 1896, XXII, 150. 

§ 1719. Duty to Visit Schools, etc. — It shall be the duty of each County 
Superintendent of Education to visit the schools in his County at least once in 
each year, and oftener if practicable, and to note the course and method of in- 
struction and the branches taught, and to give such recommendation in the art 
of teaching and the method thereof in each school as shall be necessary, so that 
uniformity in the course of studies and method of instruction employed shall be 
secured as far as practicable in the schools of the several grades, respectively. He 
shall acquaint himself as far as practicable with the character and condition of 
each school, noting any deficiencies that may exist, either in the government of 
the school or the classification of its pupils or the method of instruction em- 
ployed in the several branches, and shall make such suggestions in private to the 
teachers as to him shall appear necessary to the good order of the school and 
the progress of the pupils. He shall note the character and condition of the 
school houses, the sufficiency or insufficiency of the furniture, and shall make 
such suggestions to the several Boards of Trustees as in his opinion shall seem 
conducive to the comfort and progress of the several schools. It shall be the 
duty of each County Superintendent of Education to aid the teachers in all 
proper efi^orts to improve themselves in their profession. For this purpose he 
shall encourage the formation of associations of teachers for common improve- 
ment and conduct teachers' institutes. He shall attend the meetings of such as- 
sociations and give such advice and instruction in regard to their conduct and 
management as in his judgment will contribute to their greater efficiency. 

Civ. '02. § 1188; 1896, XXII, 150. 

§ 1720. County Superintendent to Attend Annual Settlement of 
County Treasurer — Apportionment of School Funds. — The County Super- 
intendent of Education shall attend the annual settlement of the County Treas- 
urer with the Comptroller-General. Within ten days after the County Treasurer 
makes his monthly report to the County Superintendent of Education, showing 
the amount of money collected by him since his last monthly report, it shall be 
the duty of the County Superintendent of Education to apportion the money 
arising from a tax on property as shown by the Treasurer's report among the 
school districts of his County, and to certify such apportionment to the County 
Treasurer, together with the poll tax belonging to each district as shown by said 
report ; and it shall be the duty of the County Treasurer to enter upon his book 
to the credit of each school district the amount due each district according to 
such certificate of apportionment, and the County Treasurer shall pay out the 
money belonging to the respective districts, upon the school warrants of such dis- 
tricts, duly signed and countersigned by the school authorities, for that scholastic 



GUNBRAL SCHOOL LAW OF SOUTH CAROLINA. 15 

year in the order of their presentation : Provided, That there be no outstanding 
claims of the previous scholastic year; and the Comptroller-General shall re- 
ceive the warrants thus paid as proper vouchers in the hands of the County 
Treasurer.^ 

Civ. '02, § 1189; 1896, XXII, 150; 1898, XXII, 761. 

§ 1721. Reports of County Superintendent — What to Contain. The 

annual report of the County Superintendent of Education shall contain the com- 
plete statistics of all schools within his County supported in whole or in part from 
the public funds, as may be required of him by the State Superintendent of Edu- 
cation. 

Civ. '02, § 1190; 1896, XXII, 150. 

§ 1722. Annual Report, etc., of County Superintendent. — The County 
Superintendent of Education shall make an annual report of all claims filed, 
audited and allowed and ordered paid by him during each fiscal year to the pre- 
siding Judge at the third term of the Court of General Sessions for his Countv, 
which shall be held after the first day of January in each year, to be submitted 
by said Judge to the Grand Jury for their examination. After examination, the 
Grand Jury shall report thereon- to the presiding Judge any matter grov/ing out 
of or pertaining to said annual report which to them may seem worthy oi the 
attention of the Court. The said report shall thereupon be filed by the Clerk of 
said Court, and kept as papers of said Court, for inspection by any citizen de- 
sirous of examining the same. 

Civ. '02, § 1191; 1896, XXII, 158; 1897, XXII, 509. 

§ 1723. County to Furnish Certain Things.— The County Board of Com- 
missioners of each County are authorized and required to furnish the County 
Board of Education of their County with a comfortable and convenient office 
and suitable office furniture, and to supply said office with fuel, lights, stationery, 
postage and such other incidentals as are necessary to the proper transaction of 
the legitimate business of his office. 

Civ. '02, § 1192; 1896, XXII, 158. 

§ 1724. Report to County Treasurer All Claims Approved It shall be 

the duty of the County Superintendent of Education, on or before the fifteenth 
day of July in each year, to report to the County Treasurer, by school districts, 
all school claims approved by him for the school year last preceding, and the 
County Treasurer shall thereupon close the school accounts for that year, carry- 
ing over any balance to the credit of each school district of the then current fiscal 
year. 

Civ. '02, § 1193; 1896, XXII, 158. 

§ 1725. Register to Be Kept The County Superintendent of Education 

shall keep a register of all claims approved by him and of such other matters as 
the State Supeiintendent of Education shall require of him, and in the form 
prescribed by the State Superintendent. 
Civ. '02, § 1194; 1896, XXII, 158. 

§ 1726. What to Furnish the Trustees. — The County Superintendent of 
Education shall furnish the School Trustees of his County with copies of the 
reports made to him by the County Auditor and County Treasurer as to the per- 
sons listed and paying poll tax, and shall aid the Trustees in making all proper 
corrections. 

Civ. '02, § 1195; 1896, XXII, 158. 

§ 1727. Seal of County Superintendent.— The County Superintendents of 
Education shall keep in their office a die, in a circular form, upon the centre of 
which shall be engraved, in capital letters, the word "seal," and on the circum- 

4. See Criminal Code for penalty for violation of this Section. 



16 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

ference the proper words indicating the office, which shall be regarded as the 
seal of the office, and which the County Superintendent of Education shall be 
required to impress upon all papers issued from his office, and affix his name to 
such paper. And it shall be the duty of the County Board of Commissioners in 
each County to furnish the County Superintendent of Education of their re- 
spective Counties with such seal.^ 
Civ. '02, § 1196; 1896, XXII, 158. 

§ 1728. Salaries of County Superintendents of Education Fixed. — In 

Abbeville, Marlboro, Chester, Lexington, Union and York Counties they shall 
receive annually, in addition to the salaries provided, one hundred dollars, and in 
Laurens County, fifty dollars, for traveling expenses; and in every other County 
of the State they shall receive annually in addition to their salaries such sum as 
may be necessary to pay the actual expenses incurred by them in attending 
meetings called for the purpose oi advancing the educational interests, and for 
the purpose of visiting schools in other Counties in order to become famil'ar vath 
their management and mode of teaching : Proznded, That no such account shall 
be approved in favor of any County Superintendent of Education until such 
Superintendent of Education shall have furnished the County Board of Educa- 
tion with an itemized statement, under oath, of the expenses incurred: And 
provided, further, That in no case shall the expenses exceed one hundred dollars, 
to be paid on the warrant of the County Board of Education. His claim for 
services and expenses shall be presented in the form of an account against the 
County Board of Education, and shall be verified by affidavit to the effect that 
said account is just and true; that the service therein named was honestly and 
faithfully rendered, and that the sum therein claimed is rightfully due and re- 
mains unpaid. When said account shall have been duly audited and approved 
by the County Board of Education, it shall be filed with the County Treasurer, 
who shall pay the same ratably out of the funds apportioned to the several school 
districts in proportion to the average number of children attending the free pub- 
lic schools in each school district.® 

Civ. '02, § 1198; 1883, XXIII, 535; 1891, XX, 1114, 1391, 1268; 1893, XXI, 492; 1899, 
XXIII, 1057; 1905, XXIV, 836. , 

§ 1729. County Board of Education — Of Whom Composed, etc. — 

There shall be a County Board of Education in each County, composed of three 
members, one of whom shall be the County Superintendent of Education, and the 
other two shall be appointed by the State Board of Education at its regular meet- 
ing in April, 1897, and every two years thereafter, who shall hold their office for 
a term of two years from the time of their appointment and until their successors 
shall be appointed and qualified, unless sooner removed by the State Board of 
Education. 

Civ. '02, § 1199; 1897, XXII, 516. 

§ 1730. Duties of County Board of Education. — The County Board of 
Education shall examine all candidates for the position of teacher, and give to 
each person found qualified a certificate setting forth the branches of learning 
he or she may be capable of teaching, and the percentages attained in each branch, 
said certificate to be valid for a term of two years, unless sooner revoked, and it 
may be renewed with or without examination, at the discretion of the board, all 
of which shall be done under such regulations as the State Board of Education 
may prescribe. No teacher shall be employed in any of the free public schools 
without a certificate from the County Board of Education or the State Board of 
Education: Provided, That no examination as to the qualification shall be made 
in the case of any applicant who produces a full diploma from any chartered 

.%. It is not necessary tliat claims approved by 6. The Act of 1899, Section 1197, held not to 

him be also under his official seal. State v. repeal Section 1057 of the Revised Statutes of 

Morton, 51 S. C. 323, 28 S. E. 945. 1893, contained in this Section. Houser v. 

Orangeburg Co. 59 S. C. 265. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 17 

college or university of this State, or Memminger Normal School of Charleston, 
and furnish satisfactory evidence of good moral character : Provided, further, 
That the State Board of Education shall examine into the curriculum standing, 
faculty and equipment of each institution, and see that it is doing real college 
work, before certificates may be issued on its diplomas. The two members of 
the board appointed by the State Board of Education shall receive for the 
services rendered by them compensation at the rate of three dollars per diem 
for not exceeding seven days, except in the counties of Greenville and Orange- 
burg, where the number of days shall not exceed twenty, and in the counties of 
Barnwell, Dorchester, York and Hampton, where the number of days shall be 
ten, if so much be necessary, in each year, and mileage of five cents for each 
mile of necessary travel, the same to be paid by the County Board of Commis- 
sioners out of the ordinary county fundsJ 

Civ. '02, § 1200; 1897, XXII, 516; 1903, XXIV, 1084; 1906, XXV, 37; 1908, XXV, 1151; 
1909, XXVI, 73; 1910, XXVI, 740; 1911, XXVII, 116. 

§ 1731. What Shall Be Taught.— It shall be the duty of the County Board 
of Education and the Boards of Trustees hereinafter provided for to see that in 
every school under their care there shall be taught, as far as practicable, orthog- 
raphy, reading, writing, arithmetic, geography, English grammar, the elements of 
agriculture, history of the United States and this State, the principles of the 
Constitution of the United States and this State, morals and good behavior, alge- 
bra, physiology and hygiene, and especially as to the effects of alcoholic liquors 
and narcotics upon the human system, English literature, and such other branches 
as the State Board may from time to time direct. 

Civ. '02, § 1201; 1896, XXII, 161. 

§ 1732. Physiology and Hygiene to Be Taught in Public Schools^Na- 
ture of Alcoholic Drinks and Narcotics. — The nature of alcoholic drinks and 
narcotics and special instruction as to their effect upon the human system, in con- 
nection with the several divisions of the subject of Physiology and Hygiene, shall 
be included in the branches of study taught in common or public schools in the 
State of South Carolina, and shall be studied and taught as thoroughly and in the 
same manner as other like required branches are in said schools, by the use of 
text-books in the hands of pupils where other branches are thus studied in said 
schools, and orally in the case of pupils unable to read, and shall be taught by all 
teachers and studied by all pupils in all said schools supported wholly or in part 
by public money. 
1908, XXV, 1054. 

§ 1733. Text-Books — Relating to Alcoholic Drinks and Narcotics. — 

The text-books used for the instruction required to be given by the preceding 
Section in primary and intermediate grades, shall give at least one-fourth of 
their space to the consideration of the nature and eft'ects of alcoholic drinks andi 
narcotics, and the books used in the highest grade of graded schools shall con- 
tain at least twenty pages of matter relating to this matter. 
1908, XXV, 1054. 

§ 1734. Penalty to Enforce Provisions. — It shall be the duty of the proper 
officers in control of any school described in the foregoing Section to enforce the 
provisions of the last two Sections ; and any such officer, school director, commit- 
tee, superintendent or teacher who shall refuse or neglect to comply with the re- 
quirements of the last two Sections, or shall neglect or fail to make proper pro- 
visions for the instruction required and in the manner specified by Section 1732, 
for all pupils in each and every school under his jurisdiction, shall be removed 
from office and the vacancy filled as in other cases. 
1908, XXV, 1054. 

7. Ex parte Greenville College, 75 S. C. 93, 94, 55 S. E. 132. 



18 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

§ 1735. Three Mill Tax. — The County Board of Education of the several 
Counties of this State, or such officer or officers as may be vested with the same 
or similar powers or duties shall levy an annual tax of three mills on the dollar 
upon all the taxable property in their respective Counties, which tax shall be col- 
lected at the same time and by the same officers as the other taxes for the same 
year, and shall be held in the County treasury of the respective Counties, and 
on the first day of July of each year, or as soon as practicable thereafter, the said 
fund shall be apportioned by the said County Boards respectively among the 
school districts of their respective Counties in proportion to the number of pupils 
enrolled in the public schools of such school districts ; and the said County Boards 
shall ascertain the amount of poll taxes collected in and for each school district 
of their respective Counties, and shall notify the County Treasurer and the 
trustees of each school district of the amount of poll taxes, as well as of the 
amount of the aforesaid fund apportioned by them to each school district. 

How School Funds Are Distributed and Expended. — The school funds of 
each district shall be distributed and expended by the Board of Trustees for the 
best interests of the school district, according to the judgment of the Board of 
Trustees, on their warrant approved by the County Superintendent of Education. 
For the purpose of said apportionment pupils shall not be deemed enrolled until 
after an attendance of at least ten school days during the preceding scholastic 
year.^ 

Civ. '02, § 1202; 1896, XXII, 161. 

§ 1736. Advisory Board to County Superintendent — Powers in Case 
of Appeal. — The County Board of Education shall constitute an advisory body 
with whom the County Superintendent of Education shall have the right to con- 
sult when he is in doubt as to his official duty, and also a tribunal for determining 
any matter of local controversy in reference to the construction or administration 
of the school laws, with the power to summon witnesses and take testimony if 
necessary, and when they have made a decision said decision shall be binding 
upon the parties to the controversy : Proznded, That either of the parties shall 
have the right to appeal to the State Board of Education, and said appeal shall be 
made through the County Board of Education, in writing, and shall distinctly set 
forth the question in dispute, the decision of the County Board and the testimony 
as agreed upon by the parties to the controversy, or, if they fail to agree, upon 
the testimony as reported by the County Board. ^ 

Civ. '02, § 1203; 1896, XXII, 161. 

§ 1737. Meetings and Duties of Board of Education. — The County 
Board of Education shall meet for the purpose of examining applicants for 
teachers' certificates, and the transaction of other business, at least twice a year, 
at such times as the State Board of Education shall appoint. The County Super- 
intendent shall be Chairman and Clerk of the Board, and shall keep a fair record 
of their proceedings, and register of the name, age, sex, color, residence and date 
of certificate of each person to whom a certificate is issued, and in case the cer- 
tificate be cancelled shall make a proper entry of the same. The Board shall have 
power to revoke any certificate granted by them, for immoral or improper con- 
duct, or evident unfitness for teaching. The Board shall hold as many additional 

8. Mandamus will not issue to compel approval of contract to teach school is not "matter of local 
of warrant where the funds in treasury are in- controversy in reference to construction or admin- 
sufficient to pay it. State ex rel. Williams v. istration of school laws." Hughes v. School Dis- 
Hiers, 51 S. C. 388, 29 S. E. 89; State ex rel. trict, 66 S. C. 259, 276, 44 S. E. 784. 

liryson v. Daniel, 52 S. C. 201, 29 S. E. 633. Mandamus to require County Board of Educa- 

The power of the County Superintendent is also tion to issue teacher's certificate to graduate of 

discretionary, and mandamus therefore is not the Greenville College for Women on its diploma is 

proper remedy. The remedy is given in next not proper remedy, but appeal to State Board of 

Section. State v. Hiers, supra. See Constitution Education. Ex parte Greenville College, 75 S. 

of 1895, Article XI, Section 6. C. 93, 55 S. E. 132. 

9. Williams v. Hiers, 51 S. C. 388, 29 S. E. 89. 
Action by school teacher for damages for breach 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 19 

meetings during the year as the interest of the free pubHc schools of the County- 
may require, subject to regulations prescribed by the State Board of Education. 
Civ. '02, § 1204; 1896, XXII, 161. 

§ 1738. Counties to Be Divided into School Districts — By Whom, 
Size of, etc. — The County Boards of Education shall divide their Counties into 
convenient school districts, as compact in form as practicable, having regard to 
natural boundaries, and not to exceed forty-nine nor be less than nine square miles 
in area, and shall alter the lines thereof, and create additional school dis- 
tricts from time to time as the interests of the schools may, in their judgment, 
demand : Provided. That no new school district shall be erected by said County 
Board of Education, except upon the petition of at least one-third of the quali- 
fied electors embraced within the limits of such proposed school district: Pro- 
vided, further, That no school district shall be consolidated except upon a petition 
of at least one-third of the qualified voters of the school district proposed to be 
consolidated : Provided, further. Whenever territory embraced in two or more 
Counties is proposed to be formed into one school district, the same may be formed 
by the joint action of the Board of Education of the respective Cunties as herein 
provided for the formation of school districts in a County: Provided, That in 
cities of ten thousand inhabitants and over, this limitation of area shall not apply: 
Provided, further. That when any school district laid out under this Section shall 
embrace cities or towns already organized into special school districts, in which 
graded school buildings have been erected by the issue of bonds, or by special 
taxation, or by donation, all the territory included in said school district shall 
bear its just proportion "of any tax that may be levied to liquidate such bonds or 
support the public schools therein. The present division of the Counties into 
school districts shall remain until changed by the County Boards of Education. 
The County Boards of Education are authorized and empowered to make contracts 
for the purpose of dividing their Counties into proper school districts, and to pro- 
vide for the payment of the expenses thereof out of the school funds of the 
County. Every school district now organized, or U Le hereafter organized in 
pursuance of this Section, is and shall be a body politic and corporate, by the 

name and style of School District No (such number as may be designated 

by the County Board of Education), of County (the name of the 

County in which the district is situated), the State of South Carolina; and in 
that name may sue and be sued, and be capable of contracting and being con- 
tracted with to the extent of their school fund, and holding such real and personal 
estate as it may come into possession of. by will or otherwise, or as is authorized 
by law to be purchased, all of which shall be used exclusively for school pur- 
poses.!"^ 

Civ. '02, § 1205; 1896, XXII, 161; 1900, XXIII, 360. 

§ 1739. Dissolution of School Districts in Adjoining Counties. — Any 

school district formed of parts of two or more Counties under the provisions of 
this Section, may be dissolved in the same manner as that by which the same 
may have been formed, as above provided. 
1910, XXVI. 694. 

§ 1740. Board of Trustees.— Each school district shall be under the 
management and control of the Board of Trustees hereinafter provided for, 
subject to the supervision of the County Board of Education.^! 

Civ. '02, § 1206; 1896, XXII, 162. 

10. As to authority of Trustees, see State v. breach of contract to teach school, and complaint 

Bacon, 31 S. C. 120, 9 S. E. 765. School Dis- need not state that he held certificate at time of 

trict not necessary party to suit on County Treas- contract. Hughes v. School District, 66 S. C. 

urer's bond for misappropriating school funds. 259, 276, 44 S. K. 784. 

Aiken County v. Murray, 35 S. C. 508, 14 S. E. _ 11. Words "management and control" do not 

954._ _ import anv power beyond that demanded from 

Circuit Court has jurisdiction of action by their ordinary meaning. Young v. Trustees, 64 

teacher against school district for damages for S. C. 131, 138, 41 S. E. 824. 



20 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

§ 1741. School Districts Made Tax Districts. — The school districts of 
the several Counties of the State are hereby made and declared to be the di- 
visions of the Counties for taxation for all school purposes. 
Civ. '02, § 1207; 1896, XXII, 162. 

§ 1742. How School Districts May Levy Special School Tax— How 
Collected and Paid. — The voters or electors of any school district, who 
return real or personal property for taxation, are authorized to levy 
and collect an annual tax, to supplement any special or other consti- 
tutional or other tax for like purposes, in the following manner: Upon 
the written petition or request of at least one-third of the resident 
electors and a like proportion of the resident freeholders of the age of 
twenty-one years, being filed with the County Board of Education, asking 
for the same and stating the rate of the tax levy proposed, which shall not ex- 
ceed eight mills, the said County Board of Education shall order the Board of 
Trustees of said school district to hold an election at some place within the 
district, after giving notice of the time and place thereof for at least two weeks 
in some newspaper published within the County, and by posting notice thereof 
in at least three public places within such school district, for such length of time, 
unless there be no newspaper published within the County, in which event the 
posting of the notices as above shall suffice ; at which said election only such 
electors as return real or personal property for taxation, and who exhibit their 
tax receipts and registration certificates as required in general elections, shall 
be allowed to vote. At the said election the Board of Trustees shall act as man- 
agers, and the election shall be conducted as is provided by law for the conduct 
of general elections. At said election each elector favoring the proposed levy 
shall cast a ballot containing the word "Yes," printed or written thereon, and 
each elector opposed to said levy shall cast a ballot containing the word "No," 
printed or written thereon. Within ten days after such election, if the ma- 
jority of those voting shall vote for such levy, the Board of Trustees shall fur- 
nish the County Auditor with a statement of the amount so levied and the 
Auditor shall enter the same in the tax duplicates, and he shall annually, each 
year thereafter, enter said amount in the tax duplicates until the same is in- 
creased, decreased or repealed by said taxpayers, at an election called for that 
purpose, and he is notified that the same has been increased, decreased or re- 
pealed; and if increased or decreased, he shall annually enter it as before; which 
election shall be called and notice given in the same way and manner as is herein 
provided for the calling of meetings to make the levy and the giving of the 
notice that it has been made, and the County Treasurer shall collect the same 
as other County and State taxes : Provided, That any tax which may be levied, 
increased, decreased or repealed after October 1st in any fiscal year, shall not 
take effect until the next succeeding fiscal year. Such levy shall be a lien on 
the property in such school district, which shall be subject thereto in case of 
default of payment. Said tax so collected shall be paid out by the County 
Treasurer upon warrants drawn by the Board of Trustees, countersigned by 
the County Superintendent of Education : Provided, That any surplus of such 
levy remaining in the hands of the County Treasurer at the expiration of any 
fiscal year shall be paid out as other school funds of the district. Each tax- 
payer, when he pays any tax for school purposes voted under the provision of 
this Section, shall have the right to designate to which school in said school 
district he wishes the money paid by him to go; and the Treasurer shall keep 
a note of such designation, and the money be applied as thus designated. When 
no designation is made by the taxpayer at the time of such payment, the money 
shall be expended as other school funds in such district : Provided, That noth- 
ing herein c<^ntained shall be construed to change the manner now provided by 
law for the collection and paying out of special taxes in any school district now 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 21 

established by any special Act of the General Assembly and organized there- 
under.^2 

Civ. '02, § 3208; 1896, XXII, 162; 1900, XXIII, 364; 1903, XXIV, 64; 1906, XXV, 
111; 1907, XXV, 631; 1910, XXVI, 742. 

§ 1743. School Districts May Issue Bonds — Elections. — The trustees 
of any public school district in the State of South Carolina are hereby author- 
ized and empowered to issue and sell coupon bonds of the said school district, 
payable to bearer, in such denominations and amount as they may deem neces- 
sary, not to exceed four per cent, of the assessed valuation of the property of 
such school district for taxation, and bearing a rate of interest not exceeding 
six per cent, per annum, payable annually or semi-annually, and at such times 
as they may deem best : Provided, That the question of issuing the bonds au- 
thorized in this Section shall be first submitted to the qualified voters of such 
school district at an election to be held upon the written petition or request of 
at least one-third of the resident electors and a like proportion of the resident 
freeholders of the age of twenty-one years, to determine whether said bonds 
shall be issued or not, as herein provided : Proznded, further, That before any 
election is held hereunder it shall be the duty of the trustees of the school dis- 
trict to have a survey of said school district made by some competent surveyor 
and a plat thereof made and filed in the office of the Clerk of Court : Provided, 
further. That the maximum percentage of assessed valuation as fixed above shall 
not apply to Rosemary School District in the County of Georgetown, but that 
in said school district the maximum percentage of assessed valuation of prop- 
erty shall be eight per cent.^^ 

1907, XXV, 523; 1909, XXVI, 89. 

§ 1744. How Election Shall Be Held. — For the purpose of determining 
the issue of bonds authorized in Section 1743, such Trustees of school district 
shall order an election to be held at such place in such school district as may 
be designated by such Trustees of such school district on the question of whether 
such bonds shall be issued or not, in which election only qualified voters resid- 
ing in such school district shall be allowed to vote, and such Trustees shall give 
notice of such election for ten days in a newspaper published in such district, 
or by posting such notice in three public places in such school district; shall 
designate the time and place and appoint the managers of such election, and 
receive the returns of the managers and declare the results. 

1907, XXV, 523. 

§ 1745. Ballots. — The ballot cast must have written or printed on it the 
words "For Bonds," or "Against Bonds." 
1907, XXV, 523. 

§ 1746. How Bonds Shall Be Sold — Special Tax Levy.— If a majority 
of the votes cast at such election shall be for the issuing of bonds, such Trus- 
tees shall issue such bonds, which shall run not longer than twenty years from 
date of issue thereof, which shall be sold by such Trustees at not less than 
par, and the proceeds of which shall be used by such Trustees for the purpose 
of erecting buildings, and for equipment for maintaining public schools in such 
School district, or for paying indebtedness of such School District; and such 
bonds and coupons of same shall constitute a lien upon the property of such 
school district; it shall be the duty of the County officers, charged with the as- 
sessment and collection of taxes, to levy and collect annually from all the prop- 
erty, real and personal, within the limits of such school district, a sum sufficient 

12. Proceedings to levy tax; taxpayer partici- under § 1743. Mclvaurin v. Tatum, 85 S. C. 444, 

pating estopped to deny regularity, etc. Martin 448, 67 S. E. 560. 

V. School District of Laurens, 57 S. C. 125, 35 1.3. Term "qualified voter" means same as 

S. E. 517. "qualified elector" in Constitution and general 

Provision that "only such electors as return election statutes. McLaurin v. Tatum, 85 S. C. 

real or personal property for taxation," etc., shall 444, 448, 67 S. E. 560. 

be allowed to vote, does not apply to election 



22 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

to pay the interest on such bonds, and also a sum sufficient to provide a sinking 
fund for the payment of such bonds when due, and the coupons thereof shall 
be received for school taxes upon property within such school district. 
1907, XXV, 523. 

§ 1747. How Bonds Shall Be Signed. — All bonds issued under and in 
pursuance of the provisions herein shall be signed by the Trustees of such school 
district: Provided, That the signatures of such Trustees shall be lithographed 
or engraved upon the coupons attached to such bonds, and such hthographed 
or engraved signatures shall be sufficient signing thereof. 

1907, XXV, 523. 

§ 1748. Proceeds — How Disposed of. — The proceeds of such bonds as 
are contemplated hereinabove shall be deposited with the County Treasurer of 
the County in which such school district is located, and shall be receipted for 
by such County Treasurer, and shall be paid out by him only upon the warrant 
of such Board of Trustees, as provided by law for the handling, expending and 
accounting for all other public funds: Provided, That nothing in the above 
Sections shall be construed as affecting any bonds already issued or voted in 
any school district of the State or bonds authorized by special Acts of the 
Legislature. 

1907, XXV, 523. 

§ 1749. How Money Shall Be Deposited. — The Treasurers of the Coun- 
ties in which said school districts are situated are directed and requested to 
deposit all moneys in their hands belonging to the sinking fund which may ac- 
cumulate under the provisions herein in some savings institution or bank ap- 
proved by the Board of Trustees of said school district, at the best rate of 
interest that can be obtained until the said bonds mature, and that the said 
Treasurers shall, at the direction of the Board of Trustees, change the place of 
deposit at any time: Provided, That the sinking fund belonging to Hartsville 
School District No. 32, in Darlington County, or which may accumulate under 
the provisions of this Act, shall be under the control and management of the 
Board of Trustees of said school district, and shall be applied to the bonds issued 
by them, or be invested by them to meet the payment of same when due: Pro- 
vided, further, That Norway School District No. 71, in Orangeburg County, may 
issue school bonds not to exceed eight per cent, of the total taxable value of the 
property in such school district. 

1907, XXV, 523; 1913, XXVII, 631. 

§ 1750. Special School Districts in Adjoining Counties. — Whenever it 
shall happen that by reason of the location of special school districts, portions 
of two adjacent Counties should for convenience be included in one school dis- 
trict, the County Boards of Education of such Counties are hereby authorized 
and directed in joint conference to make such regulations as will enable such 
sections to be established into a separate school district. The provisions of 
this Section shall apply in all respects to the school districts of Marion County 
and Dillon County which have been cut by the lines separating said Counties. 

Civ. '02, § 1209; 1896, XXII, 164; 1910, XXVI, 640. 

§ 1751. School Bonds Exempt from Taxation. — All bonds hereafter is- 
sued or sold, or to be hereafter issued or sold, by the trustees of any school 
district or school districts pursuant to the vote of the majority of the qualified 
voters of such school district, or school districts, voting at an election hereto- 
fore or hereafter held for the erection of buildings, for equipment, for main- 
taining public schools in such district or districts, or for paying indebtedness 
of such district or districts, shall be exempt from all taxation for State, County, 
municipal or school purposes. 

1908, XXV, 1051. 



GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 23 

§ 1752. Appointment of School Trustees — Terms — Duties — Graded 
Schools — Districts of Five Thousand Inhabitants. — Each County Board 
of Education, on the first Tuesday of July, 1906, and on the first Tuesday in 
July every two years thereafter, shall appoint for each school district in their 
County three School Trustees, from the qualified electors and taxpayers resid- 
ing in the district, who shall hold their office for two years, and until their suc- 
cessors are appointed and qualified, unless sooner removed by the County Board 
of Education. The County Board of Education shall have power to fill, from 
time to time, all vacancies in the Board of Trustees. The School Trustees shall 
meet as a Board as soon and as often as practicable, and after having been 
appointed and qualified, at such place as may be most convenient in the dis- 
trict. At their first meeting they shall organize by electing one of their number 
Chairman of the Board, who shall preside at the official meetings of the Board, 
and another Clerk of the Board, who shall record their proceedings in a book 
provided for that purpose. Each member of the Board of Trustees shall be 
duly notified of all meetings of the Board by the Clerk of the Board: Pro- 
vided, That the foregoing provisions of this Section shall not apply to special 
and graded school districts created by special Acts ; but that the Trustees and 
School Commissioners of all special and graded school districts shall remain 
the same in number, and shall be elected or appointed in the same manner, and 
shall hold the office for the same time as is provided for in the respective special 
Acts; except that in the special school districts where the Trustees, or their 
successors, are appointed by the State Superintendent of Education under the 
provisions of the special Acts, the Trustees shall hold office until the first Tues- 
day in July, 1906, on which day, and on the same day every two years there- 
after, the Trustees shall be elected by the qualified electors of such school 
districts: Provided, That special school districts having a population of not 
less than five thousand inhabitants, and in which the Boards are not fixed by 
special or specific legislation may elect on the second Tuesday in January, 1904, 
or on the second Tuesday in January of any alternate year thereafter, nine 
Trustees, to constitute a Board in their respective districts : Provided, further, 
That three of the said Trustees, to be elected at said election, shall serve for a 
term of two years, three for a term of four years and three for a term of six 
years ; the term of each Trustee to be determined by lot, in the presence of 
the County Board of Education ; and on the second Tuesday of January every 
two years thereafter, three Trustees shall be elected to serve for a term of six 
years. The election of all Trustees for all such school districts shall be by bal- 
lot, and shall be conducted under the supervision of three qualified electors 
residing within the district, who shall be appointed by the County Board of 
Education, at least ten days prior to the holding of the election. The managers 
shall report the result of the election to the County Board of Education within 
ten days thereafter, which Board shall commission the Trustees so elected. 
The Board of Trustees of each special or graded school district shall elect from 
their number a Chairman, who shall preside at their meetings, and a Secretary 
or Secretary and Treasurer, who shall record the proceedings of the Board, and 
who shall keep a full and accurate account of all moneys received and expended, 
showing the source and disposition of each item, and who shall make a com- 
plete itemized report of the receipts and disbursements of each scholastic year 
to the County Superintendent of Education on or before the 15th day of July 
of each year. The books and vouchers of the Secretary and Treasurer shall 
be open at all times to inspection by the public : Provided, further, That upon 
the petition of one-third of the qualified electors of School District No. 13, in 
Abbeville County, filed with the County Superintendent of Education, on or 
before the first day of June in any year, when School Trustees are to be ap- 
pointed, the County Board of Education shall order an election to elect the 
Trustees for School District No. 13 in the manner herein provided for in the 
election of Trustees of special school districts : Provided, further. That upon 



24 GENERAL SCHOOL LAIV Of SOUTH CAROLINA. 

the petition of one-third of the quahfied electors of any school district in Ches- 
terfield and Oconee Counties, except special and graded school districts, created 
by special Acts, filed with the Superintendent of Education of said County, on 
or before the 1st day of June in any year when School Trustees are to be ap- 
pointed, the County Board of Education shall order an election to elect the Trus- 
tees for such school distnict in the manner herein provided for the election of 
Trustees of special school districts. 

1903, XXIV, 64; 1904, XXIV, 528; 1906, XXV, 31. 

§ 1753. Duty of Board of Trustees.— The Board of Trustees in each. 
school district shall take the management and control of the local educational in- 
terests of the same, and shall visit each school district at least once in every 
school term, and shall be subject to the supervision and orders of the County 
Board of Education.^-* 

Civ. '02, § 1211; 1896, XXII, 165. 

§ 1754. Regular Session of Board of Trustees. — The Board of Trus- 
tees shall hold a regular session in their school districts at least two weeks before 
the commencement of any or every school term for the transaction of any and all 
business necessary to the prosperity of the schools, with power to adjoin from 
time to time and to hold special meetings at any time or place when called upon 
by the Chairman or any two members of the Board. 
Civ. '02, § 1212; 1896, XXII, 165. 

§ 1755. Power to Sell School Property.— The School Trustees of the 
several school districts are authorized and empowered to sell school property, real 
or personal, in their school districts whenever they deem it expedient to do so, 
and to apply the proceeds of sale or sales to the school fund of the district wherein 
such sale is made : Provided, That the consent of the County Board of Educa- 
tion be first obtained by the Trustees desiring to make such sale. That it shall 
be the duly of the said Board of Trustees, within thirty days after said sale, to 
enclose a report of the same to the County Board of Education, setting forth the 
terms and amount of said sale. 

Civ. '02, § 1213; 1896, XXII, 165. 

§ 1756. Transfer of Pupils — When and How Made.— When it shall so 
happen that persons are so situated as to be better accommodated at the school of . 
an adjoining school district, whether special or otherwise, the Board of Trustees 
of the school district in which such persons reside may transfer such persons for 
education to the school district in which such school is located; and the Trustees 
of the school district where the school is located shall receive such persons into 
the school as though they reside within the district: Provided, That when such 
persons are transferred from one school district to an adjoining school district 
levying a special tax for school purposes, the Board of Trustees of the district 
in which the school is located may, in their discretion, charge an incidental fee 
not to exceed the additional amount that such person would pay if his or her 
property were located in the district : Provided, That children shall not be trans- 
ferred from a school district in one county to a school district in an adjoining 
county without the consent of the Board of Education of the respective counties 
in which the transfer is made : Provided, further. That if any taxpayer pays 
taxes in two or more counties he shall have the right to send his children to the 
school of any one of said counties : Provided, No transfer shall be allowed from 
any school district in this State to another school district without the consent of 
a majority of the trustees of the district to which the transfer is sought to be 
made.^^ 

Civ. '02, § 1214; 1896, XXII, 165; 1912, XXVII, 619. 

14. Bryson v. Daniel, 52 S. C. 201, 29 S. E. 1.'. For directions as to enrollment, see ante, 

633; Young v. Trustees, 64 S. C. 131, 135, 41 § 1715. 
S. E. 824. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 25 

§ 1757. Reports of Teachers — How and to Whom Made. — Each school 
teacher shall make out and file with the Clerk of the Board of Trustees, at the 
expiration of each school month, a full and complete report of the whole number 
of pupils admitted to the school during each month, distinguishing between male 
and female, the average attendance, the branches taught, the number of pupils en- 
gaged in studying each of said branches, and such statistics as he or she may be 
required to make by the County Board of Education: Provided, That when- 
ever a teacher is unavoidably prevented from filing said report at the expiration 
of any school month, the Board of School Trustees may have authority to re- 
ceive the report within a reasonable time thereafter, if, their opinion, the rea- 
sons for the delay are good and sufiicient. On the filing of the teacher's report 
and its approval by the Board of Trustees, their clerk shall draw an order in dupli- 
cate on the County Treasurer for the amount due such teacher, which shall be 
signed by the Board, which order, if accompanied by a copy of said monthly re- 
port and approved by the County Superintendent of Education, shall be counter- 
signed by him and the duplicate filed in his office. 
Civ. '02, § 1215; 1896, XXII, 165. 

§ 1758. Claims against Fund — How and by Whom Signed. — All 

claims, of every description whatsoever, which are chargeable against the fund 
raised for the support of the free public schools of the State, except such as are 
otherwise provided for by law, must be signed by at least a majority of the Board 
of Trustees of the school district against which the claims are chargeable; and the 
correctness and legality of the same shall be sworn to and subscribed by the per- 
son presenting such claim before it shall be approved by the person or persons 
authorized by law to give such approval. School Trustees and County Superin- 
tendents of Education shall, free of charge, administer oaths to persons present- 
ing the claims contemplated by this Section. '^^ 

Civ. '02, § 1216; 1896, XXII, 165. 

§ 1759. All School Warrants to Be Approved by County Superin- 
tendent of Education. — Any and all school warrants issued by any Board of 
School Trustees against any public school fund shall not be paid by the County 
Treasurer or other officer having the custody of such fund until the warrant has 
been approved by the County Superintendent of Education of the County in 
which said warrant is drawn. 

1909, XXVI, 132. 

§ 1760. Trustees Not to Receive Pay as Teachers. — It shall be un- 
lawful for a School Trustee to receive pay as a teacher of a free public school. 

Civ. '02, § 1217; 1896, XXII, 165. 

§ 1761. Powers and Duties of School Trustees. — The Board of Trus- 
tees shall also have authority, and it shall be their duty : 

1. To Provide School Houses. — To provide suitable school houses in their 
districts, and to make the same comfortable, paying due regard to any school 
house already built or site procured, as well as to all other circumstances proper 
to be considered so as best to promote the educational interests of their district.^''' 

2. To Employ and Discharge Teachers. — To employ teachers from those 
having certificates from their County Board of Examiners or from the State 
Board of Education, and fix their salaries, and to discharge the same when good 
and sufficient reasons for so doing present themselves, subject to the supervision 
of the County Board of Education. ^'^ 

16. Williams v. Hiers, 51 S. C. 388, 29 S. E. either under §§ 1740, 1753, or this section. Young 
89, 90; State v. Morton, 51 S. C. 323, 28 S. E. v. Trustees, 64 S. C. 131, 41 S. E. 824. 

945. Location of school houses site by trustees. 

17. The trustees of graded school run under Sligh v. Bowers, 62 S. C. 409, 40 S. E. 885. 
General Free School Law of 1896 (22 Stat. 150) 17a. Construed in connection with § 1753 to 
have no authority to charge pupils incidental fees, mean "subject to the supervision and orders of 

the County Board of Education." Bryson v. 
Daniel, 52 S. C. 201, 29 S. E. 633. 



26 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

Qualifications of Teacher. — No general or special School Trustee shall 
hereafter employ any teacher who has not a certificate to teach in the free public 
schools of the State. This provision, however, not to affect the employment of 
any teacher now teaching in any of the schools of the special school districts : Pro- 
vided, further, That the trustees of any such school shall always have the right 
and power to impose any additional examinations and qualifications they may 
deem proper before or after employing any teachers : Proinded, also, That all 
funds of the free public schools of this State other than those arising from the 
special levy of special school districts shall be paid out of the County Treasury 
upon warrants duly vouched by the School Trustees of the respective schools or 
school districts or otherwise as provided by the laws governing any special school 
district. 

3. To Suspend or Dismiss Pupils. — To suspend or dismiss pupils v*^hen the 
best interest of the schools make it necessary. 

4. To Call Meetings for Consultation. — To call meetings of the qualified 
electors of the district for consultation in regard to the school interests thereof ; 
at which meetings the Chairman or other member of the Board shall preside, if 
present. 

5. To Control School Property. — To take care of, manage and control the 
school property of the district. 

6. To Visit the Schools. — To visit the free public schools within their dis- 
trict from time to time, and to take care that they are conducted according to 
law and with the utmost efficiency. 

7. Ferriage of Trustees. — They shall be allowed to cross all bridges or ferries 
free of charge when they are traveling on official business. 

Civ. '02, § 1218; 1896, XXII, 165. 

§ 1762. Fund for Public School Buildings.— The County Boards of 
Education of the various Counties of this State are authorized to annually set 
aside an amount equal to five per cent, of the entire public school funds of theii 
respective Counties, which said amounts shall be used by the said County Boards 
of Education for the purpose of encouraging and aiding in the construction of 
adequate public school buildings in their respective Counties. 
1905, XXIV, 905; 1910, XXVI, 628. 

§ 1763. Additions to Funds. — When the friends, patrons or trustees of 
any public school in any school district in any County in this State shall raise by 
private subscription, special tax, regular tax, sale of old buildings, issuing bonds, 
or otherwise, funds for building a school house in such district, the County Board 
of Education of such County shall turn over to the trustees of such school, from 
funds set aside for such purpose hereunder fifty dollars ($50) for each one hun- 
dred dollars ($100) so raised by such friends, patrons or trustees for construct- 
ing such school building : Provided, No one school shall receive more than three 
hundred dollars under the provisions herein : Proznded, That in case of the con- 
solidation of two or more schools an additional bonus of fifty dollars may be 
granted : Proznded, further, That no more than one school in any one district, 
in any one year, shall receive such aid. 

1905, XXIV, 905; 1910, XXVI, 628. 

§ 1764. Consolidated Districts to Have Preference. — County Boards 
of Education shall give the preference to School Districts which have combined and 
consolidated two or more school buildings. 

1905, XXIV, 905. 

§ 1765. Must Comply with Plans of the State Board of Education. 

— Any School District availing itself of the provisions herein shall comply with 
plans and specifications approved by the State Board of Education. 
1905, XXIV, 905. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 27 

§ 1766. Approval of County Board Necessary. — No School shall re- 
ceive aid under the provisions herein without the approval of the County Board 
of Education. 

1905, XXIV, 905. 

§ 1767. How Funds Paid Out. — The funds provided for herein above 
shall be paid out by the County Treasurer only upon the warrant of the County 
Board of Education, countersigned by the County Superintendent of Education, 
and any funds not used by the end of the year shall revert back to the general 
school fund of the respective Counties. 

1905, XXIV, 905. 

§ 1768. Tax Returns. — The County Auditor shall require each taxpayer 
to return the number and names of the school district in which he resides when he 
makes his tax return, and the Auditor shall state the name in a separate column 
in the tax duplicates. 

Civ. '02, § 1219; 1896, XXII, 165. 

§ 1769. Poll Tax, etc., to Be Reported. — The County Auditor, when 
he has completed the tax duplicates, shall report to the County Superintendent of 
Education, by school districts, the names listed for poll tax, and the amount of 
taxable property where there is a special levy. 

Civ. '02, § 1220; 1896, XXII, 165. 

§ 1770. Poll Tax Retained in the County.— The several County Treas- 
urers shall retain the poll tax collected in their respective Counties ; and it is 
hereby made the duty of the said Treasurer in collecting the poll tax to keep an 
account of the exact amount of said tax collected in each school district in his 
County, and the poll tax collected therein shall be expended for school purposes 
in the school district from which it was collected ; and any violation of this Sec- 
tion by the County Treasurer shall constitute, and is hereby declared, a misde- 
meanor, and on conviction thereof the said County Treasurer shall pay a fine of 
not more than five hundred dollars, to be used for school purposes in the County 
sufl^ering from such violation, or imprisonment, in the discretion of the Court. 

Civ. '02, § 1221; 1896; XXII, 165. 

§ 1771. County Treasurer to Report Who Have Paid Poll Tax.— Each 
County Treasurer, when he has finished the collection of taxes for his County, 
shall report to the County Superintendent of Education the names of the persons 
in the respective school districts who have paid their poll tax. 
■ Civ. '02, § 1222; 1896, XXII, 165. 

§ 1772. Treasurer to Make Monthly Reports to County Superin- 
tendent of Education. — It shall be the duty of each County Treasurer to 
report monthly, on the fifteenth day of each month, to the County Superintendent 
of Education of his County the amount of collections and disbursements made by 
him for the month on account of school tax and all other school funds ; and it 
shall be a misdemeanor on the part of any County Treasurer to neglect, fail or re- 
fuse to make such report, and on conviction thereof he shall pay a fine of not 
more than five hundred dollars, the same to be used for school purposes in his 
County. 

Civ. '02, § 1223; 1896,' XXII, 165. 

§ 1773. Moneys — How Disbursed. — All moneys disbursed by any County 
Treasurer on account of school funds, taxes or other school funds shall be paid 
on the order of the Board of School Trustees, countersigned by the County Super- 
intendent of Education, or as otherwise directed by law.^^ 

Civ. '02, § 1224; 1896, XXII, 165. 

18. Ex parte Board of Commissioners Florence Graded School, in re McDuffie, School Commis- 
sioner, 43 S. C. 11, 20 S. E. 794. 



28 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

§ 1774. County Treasurer to Make a Report to State Superin- 
tendent. — Each County Treasurer shall make out and forward to the State 
Superintendent of Education annually, on the first day of November, a certified 
statement showing (by school districts) the amount of poll tax and the amount 
of all other school taxes collected by him for the fiscal year ending on the 31st day 
of December next preceding; and should any County Treasurer fail or neglect or 
refuse to make and forward the statement as herein required, the State Superin- 
tendent of Education shall make a written complaint to the Circuit Solicitor for 
the County in which the said Treasurer resides, who shall prosecute the said 
County Treasurer for the same, and on conviction thereof he shall be subject to a 
fine not more than five hundred dollars, the same to be used for free public school 
purposes in his County. 

Civ. '02, § 1225; 1896, XXII, 165. 

§ 1775, Unexpended Balances to Be Carried Forward. — The County 
Treasurer shall carry forward all sums in his hands collected for any previous 
year or years for school purposes, and unexpended, to the next fiscal year, and 
credit the same to the school district respectively for which it was apportioned, 
and he shall report the same to the County Superintendent of Education. 

Civ. '02, § 1226; 1896, XXII, 165. 

§ 1776. Unlawful for Certain Officers to Discount Teachers' Pay 
Certificates. — It shall be unlawful for any County Treasurer, County Auditor, 
member of County Board of Education, or School Trustee, to buy, discount or 
share, directly or indirectly, or be in any way interested in any teacher's pay cer- 
tificate or other order on school fund, except such as are payable to him 
for his own services, or for any school Trustee to make any contract, or be pe- 
cuniarily interested, directly, in any contract with any school district of which he 
is Trustee.^^ 

Civ. '02, § 1227; 1900, XXIII, 366. 

§ 1777. Trustees to Regulate the School Terms — Contracts of Trus- 
tees. — The County Board of Education shall regulate the opening and closing 
of the school terms so as best to promote and subserve the educational interest of 
the different sections of their Counties : Proznded, That all contracts which 
Boards of Trustees may make in excess of the funds apportioned to their districts' 
shall be void. And no teacher shall be employed by a Board of Trustees of any 
school district who is related to a member of the Board by consanguinity or affinity 
within the second degree, without the w^ritten approval of the Board of Educa- 
tion of the County, nor unless a majority of the parents or guardians of the 
children attending the school for which such teacher is employed requests such 
employment in writing. 

Civ. '02, § 1228; 1900, XXIII, 366. 

§ 1778. Age of Attendance. — It shall not be lawful for any person who 
is less than six or more than twenty-one years of age to attend any of the free 
public schools of this State. 

Civ. '02, § 1229; 1896, XXII, 170. 

§ 1779. State and County Boards and Trustees Exempted from 
Militia Duty. — The members of the State Board of Education appointed by 
the Governor, members of the County Boards of Education appointed by the 
State Board of Education and members of the Board of Trustees shall be exempt 
from militia duty.^^ 

Civ. '02, § 1230; 1896, XXII, 170; 1901, XXIII, 638. 

m. See Criminal Code for penalty for violation Trustees attempting to act after expiration of 

of this provision. their term, or removal from office; and for teach- 

20. See Criminal Code for penalty for mem- ers acting as agents for school books. 
bers of County Boards of Education and School 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 29 

• § 1780. Mixed Schools Unlawful. — It shall be unlawful for pupils of 
one race to attend the schools provided by Boards of Trustees for persons of 
another race.^^ 

Civ. '02, § 1231; 1896, XXII, 170. 

§ 1781. Scholastic Year. — The scholastic year shall begin on the first 
day of July of each year and end on the thirtieth day of June following. 

Civ. '02, § 1232; 1896, XXII, 170. 

§ 1782. Public Schools to Be Kept Open Three Months.— The free 
public schools of the State shall be kept open and the exercises thereof contin- 
ued, in each school district in the State, for a period of at least three months in 
each and every year. 

Civ. '02, § 1233; 1899, XXIII, 112. 

§ 1783. Appropriation to Increase School Terms. — Not less than the 
sum of sixty thousand dollars be appropriated annually for the purpose of increas- 
ing the average length of the free school term in this State in accordance with 
and by authority expressed in Section 6, Article XI, of the Constitution of 1895. 

1910, XXVI, 791. 

§ 1784. Same. — No more than one hundred dollars shall be appropriated 
to any one school in any one scholastic year, but no school now running for a 
period of one hundred days or m.ore, or hereafter to run a period of one hun- 
dred days or more, out of funds accruing to said school from the regular school 
funds shall receive aid from this appropriation. And no school shall receive aid 
under authority of this Section unless the district in which said school is located 
does now or hereafter, shall first levy, in accordance with law, at least two mills 
special school tax. 
1910, XXVI, 791. 

§ 1785. Same. — Schools running less than one hundred days, as provided 
herein, may receive aid from this fund in amounts equal to the amounts 
raised by special taxation, not to exceed one hundred dollars for any one school. 
1910, XXVI, 791. 

§ 1786. Same. — Funds appropriated under the terms of this Section shall 
not become available in any school district except upon petition of the Board of 
Trustees of the school district asking aid, approved and countersigned by the 
County Superintendent of Education for the county in which the district is lo- 
cated. 
1910, XXVI, 791. 

§ 1787. Same. — The State Superintendent of Education may refuse aid 
under the provisions of this Section if it is made to appear to him that the ex- 
penditure would be unwise and detrimental to the interest of free school educa- 
tion in said district. 
1910, XXVI, 791. 

§ 1788. Same. — The State Superintendent of Education, with the State 
Board of Education, shall provide rules and regulations for the distribution of 
this fund, and shall advise such regulations to the various County Superintend- 
ents of Education, who, in turn, shall advise the various district trustees. 
1910, XXVI, 791. 

§ 1789. Same. — Applications must be filed in order of their receipt, and 
pai(t or refused in the same order. 
1910, XXVI, 791. 

§ 1790. Annual Capitation Tax on Dogs. — There shall be imposed and 
assessed on all dogs in this State a capitation tax of fifty cents annually on each 
dog, except in the county of Horry, where said capitation tax shall be one dol- 

21. Flood V. News, etc., Co., 71 S. C. 112, 118, 50 S. E. 637, 4 Am. & Eng. Ann. Cas. 685. 



30 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

lar, the proceeds of which, shall be expended for school purposes in the several 
school districts in which it is collected. ^"-^ 
1909, XXVI, 88. 

§ 1791. Printing. — The State Superintendent of Education may advertise 
for bids for all printing required under this Chapter, and shall let the same to 
the lowest bidder therefor, who shall be required to file with his bid a bond in 
double the amount of his bid for the faithful performance of the contract. 

Civ. '02, § 1237; 1896, XXII, 172. 

§ 1792. Acts Creating Special Graded School Districts Not Re- 
pealed — Annual Reports — Special Tax and Tuition. — Nothing contained 
■ in this Article shall be construed to repeal the Acts of the General Assembly- 
creating special and graded school districts, and the provisions of said Acts shall 
apply to said school districts: Provided, That the Trustees of said school dis- 
tricts and Commissioners of the city schools of Charleston shall make annual 
reports to the State Superintendent of Education in such form and at such time 
as he shall prescribe : Provided, further. Whenever under the provisions of law 
any school district or municipal corporation is authorized to levy a special tax 
for the support of public schools therein, any person not a resident of said school 
district or municipal corporation shall be entitled to a credit upon fees for the 
tuition of his or her children by the amount of such special tax paid by such 
person. 2^ 

Civ. '02, § 1238; 1899, XXII, 514. 

§ 1793. Text-Books Provided at Cost — Funds — Depositories, etc. — 

The County Boards of Education of the several Counties of this State are hereby 
authorized and required to set aside from the public school funds of their re- 
spective Counties an amount, not exceeding five hundred dollars, for the pur- 
pose of providing the pupils attending the free public schools of their Counties 
with school text-books at actual cost or exchange prices. The amount so set 
aside from the school fund shall be paid to the County Superintendent of Edu- 
cation by the County Treasurer out of the unappropriated general school funds 
in his hands, on the warrant of the said County Board of Education, and shall 
be and remain a permanent fund in the hands of the County Superintendent of 
Education, to be used in purchasing and keeping on hand school text-books for 
sale to pupils attending the free public schools of his County for cash, at actual 
cost or exchange prices, and to be used for no other purpose and in no other man- 
ner; and the places where said school text-books are kept and sold shall be 
deemed depositories, under control of the State, as provided in the seventh ar- 
ticle, or provision in the seventh article, or provision in the contract made in 1893 
with the publishers of school text-books. That the County Superintendent of 
Education in everv County in the State be, and is hereby, required to keep his of- 
fice open each day of the week prior to the time appointed for school to open in his 
County, and for one week immediately thereafter, and for at least one day in each 
week during the remainder of the school term, for the convenience of those wish- 
ing to purchase books: Provided, That in the Counties of Charleston, Chester- 
field, Edgefield, Kershaw, Lancaster, Laurens, Greenwood, Lexington, Richland, 
the County Boards of Education are hereby authorized and empowerd, but not 
required, to carry out the provisions of this Section : Provided, however, That 
nothing herein shall prevent the keeping of said depository in some other place than 
the office of the Superintendent of Education, if in his judgment it is best to do 
so. 2^ 

Civ. '02, § 1239; 1897, XXII, 428; 1898, XXII, 762; 1902, XXIII, 1020; 1903, XXIV, 
64; 1905, XXIV, 837; 1907, XXV, 481; 1908, XXV, 1123. 

22. For other provisions with reference to dog 24. Provision as to depositories does not sig- 
tax see § 301, Civil Code. nify that State Board of Education mav not 

23. Rights of Special School Districts. Holler require agency performing larger function in dis- 
V. Rock Hill School District et al., 60 S. C. 41, tribution and sale of books which would also be 
38 S. E. 220; Martin v. School District of in its nature and functions legal depository. 
Laurens, 57 S. C. 125, 35 S. E. 517. Duncan v. State Board. 74 S. C. 560, 566, 54 S. 

E. 760, affirmed in 78 S. C. 227, 58 S. E. 1095. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 31 

§ 1794. School Trustees May Purchase Books for Certain Pupils. — 

Whenever it shall be made to appear to the satisfaction of the Trustees of any 
school district that any patron of such school is unable by reason of poverty to 
purchase the necessary books for the use of his or her child or children, then in 
such case the Trustees of such school district may, in their discretion, purchase 
such necessary books for such pupils, and furnish the same to pupils under such 
regulations as the Trustees may prescribe : Provided, The sum so expended for 
the purchase of said books shall not exceed the sum of 5 per cent, of all the school 
fund of said district in any one year: And Provided, further, That the books 
so purchased shall be the property of such public school district and must be 
returned to the Board of Trustees at the end of each term. 

1902, XXIII, 1020. 

§ 1795. School Book Depositories. — The County Superintendents of 
Education in the several Counties of this State are hereby authorized and re- 
quired to select and secure a reliable merchant, postmaster or other reliable 
person in each Township in each County, with whom there shall be deposited 
a sufficient number of school books for sale for schools in the Township, at 
not exceeding ten per cent, above first cost ; and that accurate accounts thereof 
shall be kept by the said County Superintendent with each depository.^s 
1905, XXIV, 877. 

§ 1796. Fund for Free Library. — Whenever the patrons and friends of 
a free public school shall raise, by private subscription, and tender to the County 
Treasurer, with the approval and endorsement of the School Trustees of such 
school district, for the establishment of a library to be connected with the said 
school, the sum of ten dollars, the County Board of Education shall appropriate 
from the money belonging to the school district asking for the library, the sum 
of ten dollars for this purpose (together with ten dollars from the general 
County school fund) for a suitable book-case which shall be approved by the 
County Board of Education. 

1904, XXIV, 391; 1905, XXIV, 877; 1908, XXV, 1024. 

§ 1797. How Money to Be Paid.— As soon as the County Board of Edu- 
cation of any County shall have made an appropriation for a library in the man- 
ner prescribed, the County Superintendent shall inform the Secretary of the 
State Board of Education of the fact, whereupon the said State Board of Edu- 
cation shall remit the County Superintendent the sum of ten dollars for the pur- 
chase of books for said library. Upon the receipt of this money, the County 
Superintendent shall deposit the same with the County Treasurer and shall is- 
sue to the person or persons appointed to select the books, a warrant on the 
County Treasurer for the amount secured by private subscription, by appropria- 
tion from the County Board of Education, and by the State Board of Education. 

1904, XXIV, 391; 1905, XXIV, 877. 

§ 1798. Selection of Books.— The local Board of Trustees is hereby ap- 
pointed to select the books and shall select such books as they may deem best suited 
for such purpose, and file with the County Superintendent of Education vouchers 
for the whole amount received : Provided, That no vouchers shall be valid ex- 
cept for books, book-cases, and transportation charges : Provided, further, That 
such purchases shall be .from a list furnished by the State Board of Education, 
which the said State Board shall adopt "books for libraries" under the law and 
rules governing the adoption of text-books, and shall make rules for the govern- 
ing of said libraries. 

1904, XXIV, 391; 1905, XXIV, 877. 

§ 1799. Preservation of Books. — The Trustees of every library shall 

25. Duncan -.■. State Board, 74 S. C. 560, 564, 54 S. E. 760, affirmed in 78 S. C. 227, 243, 58 S. 
E. 1095. 



32 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

carry out such rules and regulations for the proper use and preservation of the 
books as may be enjoined by the State Board of Education, and shall make pro- 
visions for having all books, when not in circulation, kept under lock and key. 

1904, XXIV, 391; 1905, XXIV, 877. 

§ 1800. Exchange of Libraries. — The Trustees of two or more libraries 
may by agreement exchange libraries : Provided, That no exchange shall be 
made oftener than once in six months, and no part of the expense of exchanging 
libraries shall be borne by the public. 
1904, XXIV, 391; 1905, XXIV, 877. 

§ 1801. Appropriation. — That the sum of five thousand dollars be an- 
nually appropriated to be expended by the State Board of Education, under the 
provisions of Section 1796. 

1904, XXIV, 391; 1905, XXIV, 877. 

§ 1802. Number of Schools Entitled to Benefit. — Not more than 
twenty-five schools in any County shall be entitled to the benefits of Section 1796. 
The schools receiving this benefit shall be decided by the County Boards of Edu- 
cation: Provided, That the State Board of Education, after having set aside 
enough of this appropriation to meet the needs and demands of the schools, may 
use the balance to pay transportation, drayage and other necessary expenses in 
the circulation of any traveling libraries which may be donated or loaned to the 
State, and also for any traveling cabinets of museum specimens which may be 
furnished under similar terms: Provided, further. That any additional balance 
may be used for prizes for rural school improvement, under such terms and rules 
as the State Board of Education may arrange with the State School Improve- 
ment Association. 

1904, XXIV, 391; 1905, XXIV, 877; 1908, XXV, 1024. 

§ 1803. Enlargement of Libraries. — Whenever the patrons or friends of 
any free public school in which a library has been established under the pro- 
visions of the laws of this State, shall raise, by private subscription, and tender 
the Treasurer of the County School Fund, the sum of five dollars for the en- 
largement of the library, the County Board of Education shall appropriate from 
the money belonging to that school district the sum of five dollars, and the State 
Board of Education shall remit to the County Superintendent of Education the 
sum of five dollars. The money thus collected and appropriated shall be used 
for the enlargement of libraries already established, under the same rules and re- 
strictions as govern the establishment of new libraries : Provided, No appro- 
priation shall be made for the purpose of enlarging any established library where 
the same will prevent or interfere with the establishing of a new library. 

1905, XXIV, 879. 

§ 1804. Unlawful to Use Condemned Books. — In all schools and col- 
leges within this State which are suj^iported in whole or in part from the free 
school funds, it shall be unlawful to use any text-book which has been con- 
demned or disapproved by the State Board of Education. 

Civ. '02, § 1240; 1898, XXII, 763. 

§ 1805. Old School Claims Paid. — All persons holding school claims 
against any County of this State which are unpaid are hereby permitted and 
allowed to prove and establish the same before the County Superintendent of 
Education, the County Treasurer and County Auditor of said County. 

If said claims are declared valid and binding obligations by said County Su- 
perintendent of Education, Auditor and Treasurer against the school district for 
which they were issued, the County Treasurer of said County is hereby au- 
thorized and directed to pay any of said claims declared valid out of the first 



GBNBRAL SCHOOL LAW OP SOUTH CAROLINA. 33 

money coming in his hands as Treasurer belonging to the school district against 
which said claim or claims are established. ^^ 
Civ. '02, § 1241; 1894, XXI, 786; 1896, XXII, 122. 

§ 1806. Officers Authorized to Borrow Money to Pay School Claims 
— Amount, Interest and Disbursement. — The County Treasurers, and the 
County Supervisors of the several Counties in this State be, and they are hereby, 
authorized and required upon the application of the County Boards of Educa- 
tion of the respective Counties to borrow, from time to time during any fiscal 
year, such sums of money as may be necessary to pay the school claims of such 
Counties, not to exceed seventy-five per cent, of the amount reported by the 
County Auditors for schools for said fiscal year, at a rate of interest not exceed- 
ing the rate of seven per centum per annum, and to pledge the taxes to be col- 
lected for that purpose for the payment of the money so borrowed and the in- 
terest thereon : Provided, That all money borrowed shall be held and paid out 
by the County Treasurer as school funds and without extra commission. 

1902, XXIII, 1019. 

§ 1807. Reserve Fund to Place Schools on Cash Basis. — In any 

County in this State where the schools have not funds sufficient to pay all claims 
in cash, the County Board of Education may, at its discretion, direct the County 
Superintendent of Education to set aside from the school funds of the County, 
or any of the school districts, an amount annually of not exceeding ten per cent, 
of such funds, for so many years as may be necessary to create a sufficient fund 
to put the schools of such County of any of the school districts on a cash basis. 
1902, XXIII, 1019. 

§ 1808. Reserve Fund — How Used and Maintained. — Whenever said 
reserve fund reaches an amount sufficient to put said County or school district, 
as the case may be, on a cash basis, then said fund may be used for said purpose : 
Provided, That in each year during the time necessary to create such reserve 
fund, the County Superintendent of Education shall use the fund accumulated 
as a loan, without interest, to pay claims held by teachers to whom the pay cer- 
tificates were originally issued, the funds so used to be replaced annually from 
taxes collected for school purposes. 

1902, XXIII, 1020. 

§ 1809. Students of Public Schools to Observe Arbor Day.— The free 
public schools of this State shall observe the third Friday in November of each 
year as Arbor Day, and on that day the school officers and teachers shall con- 
duct such exercises and engage in the planting of such shrubs, plants and trees 
as will impress on the minds of the pupils the proper value and appreciation to 
be placed on flowers, ornamental shrubbery and shade trees. 

Civ. '02, § 1242; 1898, XXII, 760. 

§ 1810. South Carolina Day to Be Observed. — The public schools of 
this State shall observe Calhoun's birthday, the 18th of March, of each year, as 
"South Carolina Day," and on that day the school officers and teachers shall con- 
duct such exercises as will conduce to a more general knowledge and apprecia- 
tion of the history, resources and possibilities of this State: Provided, That if 
said day shall fall on Saturday or Sunday, that the Friday nearest to March 18th 
shall be selected: Proinded, fiMher, That if any school shall not be in session 
on the said date, that the celebration may be held before the close of the term. 

That the State Superintendent of Education shall suggest such topics or pro- 
grammes as he may deem appropriate for the celebration of South Carolina Day. 

1906, XXV. 22. 

§ 1811. Officers and Trustees of Certain Institutions to Report to 
State Superintendent. — The Trustees, officers or persons in charge of all 

26. See Acts 1901, XXIII, 826, as to payment of claims in Clarendon, Laurens, Marion. 
Newberry and Sumter Counties. 
—3 



34 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

literary, scientific or professional institutions of learning incorporated, supported 
or aided by the State, of all schools or private educational institutions, shall, on 
or before the fifteenth day of July in each year, make a report in writing to' the 
State Superintendent of Education, of such statistics as the Superintendent shall 
prescribe relating to the number of pupils and instructors, courses of study, 
cost of tuition and the general condition of the institution or school under their 
charge. 

Blank Forms of Inquiry.— The Superintendent shall prepare blank forms of 
inquiry for such statistics, and shall send the same to every such institution or 
school pn or before the 10th day of May in each year; and so much of said in- 
formation as he may deem proper be incorporated in his annual report. 

Civ. '02, § 1243; 1896, XXII, 172. 

§ 1812. County Superintendents of Education Charged with Schools, 
etc., Outside City of Charleston, Allowed Mileage.— The County Superin- 
tendent of Education of Charleston County shall have jurisdiction only over the 
schools and other educational interests outside of the corporate limits of the City 
of Charleston. He shall organize in all those districts outside of the city, form- 
erly known as parishes, a suitable number of schools, and shall visit them as 
often as may be practicable during each year, and perform such other duties as 
are prescribed for County Superintendent of Education in this Chapter. He 
shall be paid a stated salary of twelve hundred dollars per annum, payable by 
the County Treasurer in equal monthly installments, which salary shall cover 
also all traveling expenses that may be incurred. 

Civ. '02, § 1244; G. S. 1025; R. S. 1090; 1878, XVI, 584; 1879, XVII, 62; 1891, XX, 1268. 

§ 1813. Division of City of Charleston into Six School Districts- 
School Board— How Constituted.— The City of Charleston is hereby divided 
into six school districts; the First District to comprise W^ards One (T) and Two 
(2), the Second District to comprise M^ards Three (3) and Four (4), the Third 
District to comprise Wards Five (5) and Six (6), the Fourth District to com- 
prise V^ards Seven (7) and Eight (8), the Fifth District to comprise Wards 
Nme (9) and Ten (10), the Sixth District to comprise Wards Eleven (11) and 
Twelve (12) of said city. At every general municipal election in the City of 
Charleston there shall be elected by the legal voters of each of the said school 
districts respectively one School Commissioner, and the six School Commission- 
ers so elected, together with the two School Commissioners to be appointed for 
the same term by the Governor, upon the recommendation of the Board of 
Trustees of the High School of Charleston, and two School Commissioners to 
be appointed for the same term by the Governor, upon the recommendation of 
the Board of Trustees of the College of Charleston, shall constitute the School 
Board for the City of Charleston, and shall be invested with all the powers and 
perform all the duties, and in every respect be governed by the laws now ex- 
isting respecting the School Board of the City of Charleston as heretofore con- 
stituted. 

The Commissioners so elected and appointed may assemble at any time and 
elect a Chairman, a Clerk and a Superintendent of City Schools, whose term of 
office, duties and compensation shall be prescribed by said Board; but their 
terms of office shall not exceed that of the Board electing them. 

Civ. '02, § 1245; G. S. 1026; R. S. 1091; 1882, XVIIl, 27, § 1; 1883, XVIIT, 301. 

§ 1814. Powers and Duties of School Board of City of Charleston. 

— The said Board shall have the following powers and duties: (1) To discharge 
the same duties in the city which are required of School Trustees in the Counties ; 
(2) to determine the studies and classbooks to be used in the city schools; (3) 
to cause examinations to be made of teachers for the city schools; (4) to elect 
and dismiss teachers, prescribe their duties and term of office, and to make rules 
for the government of the schools; (5) to fill vacancies occurring in the Board 
by death, resignation, departure from the State or refusal to qualify; the said 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 35 

vacancies to be filled from the same wards in which they occur; (6) to grant 
diplomas in the normal school department, which shall entitle the parties hold- 
ing the same to become teachers in the public schools; (7) to make an annual 
report to the Superintendent of Education as to the city schools, as is required 
of Commissioners of County Schools; (8) to take in charge and keep in order 
all buildings and other property belonging to or used for the city; (9) for the 
purposes of this Section, and in order to carry into effect the provisions of the 
Constitution relating to the school tax, the City of Charleston shall be deemed 
a school district, and the City Treasurer shall annually levy and collect, at the 
same time as the city taxes, a tax of two mills on the dollar on all the taxable 
property in the said city, and the County Treasurer shall pay over to the City 
Treasurer the portion of the constitutional school tax and of the poll tax to 
which the Charleston School District is entitled ; and all the said taxes shall be 
in the city treasury as public money, protected by the official bond of the City 
Treasurer, and shall be paid out on the warrant of the City Board of School 
Commissioners; the said amount to be applied to the support of the city schools, 
and the balance to the repairs of city school buildings. The City Treasurer shall 
receive out of this fund annually, for his compensation for all services in re- 
ceiving and disbursing the school fund, the sum of five hundred dollars. 

Civ. '03, § 1246; G. S. 1026; R. S. 1092; 1878, XVI, 585; 1892, XXI, 110; 1908, XXV, 
1042. 

§ 1815. Provision for the Higher Education of Meritorious Boys 

Power and Duty of Board.— It shall be the duty of the said School Board, 
and they are hereby authorized and empowered, to select from the public schools, 
the school of the German Association of Charleston, South Carolina, and the 
Central School, by competitive examination, such meritorious boys as may de- 
sire to secure the privilege of a more liberal education and are otherwise unable 
to secure the same, and recommend them to be received into the High School 
of Charleston, under such rules and regulations as may be prescribed by the said 
Board of Trustees of the High School of Charleston. And the said School 
Board is further authorized and empowered to pay the regular annual tuition fees, 
and no more, for such pupils so recommended as may be received into said High 
School and maintain such a standard as is required of them, which said tuition 
fees shall be paid out of the fund to which the Charleston School District is en- 
titled out of the amount raised by the City of Charleston, and not out of the 
Constitutional two mill tax. 

Such pupils so admitted into the High School of Charleston as shall, upon 
graduation, be recommended by the School Board of the City of Charleston for 
proficiency therein, shall be entitled to the free honorary scholarships in the 
College of Charleston provided for such purpose by the Board of Trustees of 
the College of Charleston, such scholarships to be held under the rules and regu- 
lations prescribed by the Trustees of the College of Charleston. 
Civ. '02, § 1247; R. S. 1093; 1882, XVIII, 27, §§ 2, 3. 

§ 1816. Board to Appoint Beneficiaries in State University. — For 

the further promotion of the liberal education of the youth of the State, the 
said School Board is hereby authorized and empowered to appoint the bene- 
ficiaries of the scholarships to which the County of Charleston may be entitled 
in either branch of the State University.-" 
Civ. '02, § 1248; 1882, XVIII, 27, § 4. 

§ 1817. Power to Establish Public School Teachers' Retirement 
Fund for City of Charleston. — The City Board of Public School Commis- 
sioners for the City of Charleston shall have the power to establish what shall 
be known as the Public School Teachers' Retirement Fund, which fund shall 

27. See ante, § 1761, as to restrictions on power of School Trustees in the employment of 
teachers. 



36 GENERAL SCHOOL LAW OF SOUTH CAROLINA, 

be administered by the Board of Trustees hereinafter provided for. Said fund 
shall consist of: 

1. All moneys and other property received from donations, legacies, devises, 
gifts, bequests or otherwise for and on account of the said fund. 

2. On and after April 1st, 1898, the said City Board of School Commission- 
ers shall annually reserve and turn over to the Board of Trustees as provided 
for in Section 1818, for the said fund, ten per cent, for the first five years and 
thereafter four per cent, of the gross income of the special school fund paid by 
the City of Charleston. 

3. All interest or income derived from the above moneys. 
Civ. '02, § 1249; 1898, XXII, 875. 

§ 1818. Board of Trustees for Fund — Of Whom to Consist— Duties, 
etc. — The Chairman of the City Board of Public School Commissioners, together 
with two other commissioners chosen by the said Board, the Superintendent of 
the Public Schools, who shall be ex officio the Treasurer of the said Board, and 
a representative to be elected every four years by the teachers of the public 
schools of the City of Charleston, at the same time the School Commissioners 
are elected, shall form a Board of Trustees, who shall have charge of and ad- 
minister the said fund ; and said Board of Trustees shall invest the same in 
stock of this State, or of the United States, or in bonds of the City of Charles- 
ton, and shall make payment, from said fund, of annuities granted in pursuance 
of this Article, and shall from tin-Le to time make and establish such rules and 
regulations for the administration of the said funds as they shall deem best. 

Civ. '02, § 1250; 1898, XXII, 875. 

§ 1819. What Teachers May Become Beneficiaries of Fund. — Every 
teacher in the public schools of the City of Charleston who is over the age of 
sixty-five years, and shall have taught in the public schools for the period of 
twenty-five years next preceding the time of retirement may be retired, and shall 
have the right voluntarily to retire, from such service, and upon the certificate 
of the City Board of School Commissioners that he or she stands in need of main- 
tenance, become a beneficiary under this Article ; and every such teacher so re- 
tired or retiring shall be entitled to an annuity for the remainder of his or her 
life, to be paid by the said Board of Trustees out of the said fund equal to one- 
half of the salary of such teacher at the time of such retirement, at the same, 
times and in the same proportions as the salaries of the teachers are paid : Pro- 
vided, That the annuity so paid shall in no case exceed two hundred and fifty 
dollars in any one year. 

Civ. '02, § 1251; 1898, XXII, 875. 

§ 1820. Same. — Every teacher in the public schools in the City of Charles- 
ton who shall have taught continuously therein not less than twenty years, and 
has become, without the fault of such teacher, mentally or physically incapaci- 
tated for such service, may retire or be retired therefrom and become a bene- 
ficiary of said fund in the same manner and to the same extent as provided 
in Section 1819: Provided, That such annuity shall cease when such incapacity 
ceases. 

Civ. '02, § 1252; 1898, XXII, 875. 

§ 1821. If Fund Insufficient for Purpose, to Be Paid Out Pro Rata. — 

In case the fund shall be insufficient to pay the annuities provided for in Section 
1819, the Board of Trustees shall make a ratable distribution among the teach- 
ers who may be entitled to the annuities under the provisions of this Article. 
Civ. '02, § 1253; 1898, XXII, 875. 

§ 1822. Disposition of Surplus School Funds in Charleston County. — 

The surplus of all moneys derived from the annual tax of three mills for edu- 
cational purposes remaining after supplying the requirements of the schools of 
the County of Charleston, outside of the limits of the City of Charleston, shall 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 37 

be paid by the County Treasurer to the City Board of School Commissioners foi 
the purposes of the schools under their charge. 
Civ. '02, § 1254; 1898, XXII, 877. 

§ 1823. How Surplus to Be Ascertained. — In order to ascertain what 
are the requirements in each fiscal year, respectively, of each of the school dis- 
tricts in said County outside of the City of Charleston, one or more of the 
School Trustees of each of such school districts separately shall meet and con- 
fer with the County Board of Education of said County annually (at such place 
and time as the County Superintendent of Education of said County shall name), 
ten days' previous notice of such meeting being given in writing by said County 
Superintendent of Education to each of said Trustees, and such Trustee or 
Trustees and such County Board of Education shall sit as a special Board to fix 
the amount of such requirements of each of such school districts. And when 
the amount of such requirements of each of such school districts shall have been 
fixed as hereinbefore provided, the County Superintendent of Education of said 
County shall report to the County Treasurer of said County such amounts, re- 
spectively, and separately, whereupon the County Treasurer shall aggregate the 
amounts so reported to him and ascertain the surplus (if any) remaining from 
the proceeds of the levy for school purposes after deducting such aggregate. 

Amount of Surplus to Be Reported to City Board of School Commis- 
sioners. — Having thus ascertained the amount of said surplus, the County Treas- 
urer shall, as soon as practicable, ■ report said amount to the City Board of 
School Commissioners, and shall pay over the same to said Board upon its war- 
rant. 

Civ. '02, § 1255; 1898, XXII, 877. 

§ 1824. How Said Funds Are to Be Used.— The said City Board of 
School Commissioners shall use said funds exclusively in the education of pupils, 
and shall account annually therefor in the mode provided by law. 

Civ. '02, § 1256; 1898, XXII, 877. 

§ 1825. High Schools May Be Established. — It shall be lawful for any 
common school district which does not contain an incorporated town or city 
of more than twenty-five hundred inhabitants, or for any County, or for any 
Township, or aggregation of adjoining Townships, or aggregation of adjoining 
school districts, in which there is no incorporated town or city of more than 
twenty-five hundred inhabitants, within the State, to establish a high school in 
the manner and with the privileges herein given. 
■ 1907, XXV, 518; 1908, XXV, 1119; 1909, XXVI, 86; 1910, XXVI, 743. 

§ 1826. Election to Be Held — Board of Trustees to Be Appointed.— 

Any high school territorial unit mentioned in Section 1825 may establish 
a high school by an election to be held in said proposed high school district upon 
the question of establishing the same ; said election to be ordered upon the written 
petition of at least one-third of the freeholders within the territory, addressed 
to the County Board of Education ; said election to be conducted in all other 
respects, including the requirements of those who are allowed to vote therein, 
as elections are now conducted under Section 1742 of the Civil Code of 1912, 
in reference to special levies for school purposes. If the majority of the votes 
cast in each school district shall be "For High Schools" and not "Against High 
Schools," the high school shall be established and become a body corporate, un- 
der the name and style of High School District No of County 

(the State Board to insert the number in order of its establishment in the par- 
ticular County, and also the name of the proper County). If a single school dis- 
trict establish a high school, the Board of Trustees of that school district shall 
be the High School Board of Trustees. If any two or more common school 
districts have heretofore established or shall hereafter establish a high school 
district, the Board of Trustees of that common school district in which the 



38 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

high school building is located, together with the chairman or chairmen of the 
other common school district or districts embraced in said high school district, 
shall constitute the Board of Trustees of said high school district. If any- 
special school district created by and operating under a special Act of the Gen- 
eral Assembly of South Carolina, and one or more common school districts 
have heretofore established on shall hereafter establish a high school district, 
the Board of Trustees of such special school district shall constitute the Board of 
Trustees of said high school district. 

1907, XXV, 519; 1908, XXV, 1118; 1909, XXVI, 86; 1910, XXVI, 743. 

§ 1827. High School District May Vote a Tax.— The qualified electors 
and freeholders in any territory proposing to become a high school district, or 
any high school district heretofore established, shall be authorized to vote a high 
school tax, not exceeding two mills, by the same rules and under the same terms 
as special taxes are now voted under Section 1742 of this Code: Provided, That 
any common school district within any high school territorial unit may vote itself 
out of the high school unit in the same manner as prescribed for its entrance 
into the high school unit : Provided, That any territorial high school unit which 
has heretofore voted for the establishment of a high school therein shall, upon 
compliance with the provisions herein, be entitled to the provisions and benefits 
thereof. ^^ 

1908, XXV, 1118. 

§ 1828. Any High School Already Established May Claim Privilege 
of This Act. — Any public high school already established, or any number of 
high school grades in a public school already established — provided it shall be 
organized and adopted as a high school by special election as prescribed in 
Section 1826 of this Act — in any high school territory, above described, may 
claim the privilege hereof : Provided, It conforms to the provisions thereof : 
Prozndcd, further, That nothing herein shall be construed as a repeal of any of 
the privileges granted them in the special Act of the General Assembly. 

1907, XXV, 520. 

§ 1829. Classification of High Schools. — A high school maintaining a 
four years' course .of study beyond the branches of learning prescribed to be 
taught in the common schools of the State, and embracing not fewer than seven 
grades or school years, shall be known as a four-year high school ; a high school 
maintaining a three years' course beyond the common school course, shall be 
known as a three-year high school ; and one maintaining a two years' course 
beyond the common school course, shall be known as a two-year high school : 
Provided, That any and all high schools established under authority of this Act, 
shall include in the course of study instruction in manual training, especially 
in respect to agriculture and domestic science. 

1907, XXV, 520. 

§ 1830. Who Shall Classify.— The State High School Board shall pro- 
vide for the inspection and classification of high schools. In doing this, it may 
invite the assistance of such members of the Universities and Colleges of the 
State, as they may select, and their actual expenses shall be paid out of the 
fund hereafter appropriated from year to year, while actually engaged in the 
duties devolving upon them. 

1907, XXV, 520; 1908, XXV, 1119; 1909. XXV, 86. 

§ 1831. State High School Board — Rules for Apportionment of 
Funds. — The State Board of Education, as now constituted, shall constitute 
the State High School Board, with full authority to prescribe all such regula- 
tions as may not be inconsistent with this Chapter. The State High School 
Board shall provide rules for the apportionment and disbursement of the State 

28. Welch V. Getzen, 85 S. C. 156', 164, 67 S. E. 294. 



GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 39 

aid to the high schools, giving due recognition to the number of years of the 
high school work, to the number of the courses of study offered, to the enroll- 
ment of pupils, the amount of industrial or commercial training given, and to 
such other matters of local merit as may appear to the Board proper after a 
careful examination of each high school : Provided, That not more than $500 
may be given to a two-year high school, nor more than $600 may be given to a 
three-year high school, nor more than $700 may be given to a four-year high 
school: Provided, further, That an additional $100 may be given to a Township 
high school or to a high school embracing as many as six common school dis- 
tricts : Provided, further. That the Board may give additional aid for indus- 
trial and commercial courses : Provided, fnrtJier, That the Board may give to 
any high school levying a special high school tax of not less than one mill, twenty- 
five dollars for each and every common school district composing that high 
school unit : Provided, further, That no high school shall receive aid unless it 
has at least twenty-five high school pupils and two teachers in the high school 
department : Provided, further. That the Board may give aid to a rural high 
school or a village high school with but fifteen high school pupils and one high 
school teacher ; such village to contain not exceeding four hundred inhabitants : 
Provided, furtlicr. That no aid shall be given any high school unless the district 
or districts composing the high school territory are levying or shall levy as much 
as two mills special school tax, which may be levied as either a common school 
or a high school tax : Provided, That no County shall receive more than five 
per cent, of the annual appropriation provided for under this Act. 
1907, XXV, 520. 

§ 1832. How Funds Shall Be Paid Out.— The funds raised in the various 
Counties by taxation, subscription, or otherwise, for high school purposes shall 
be placed in the County treasury, together with any appropriation received from 
the State Board of Education and shall be paid out only upon the order of the 
Board of High School Trustees, duly approved by the County Superintendent 
of Education. Both the Treasurer and the County Superintendent of Educa- 
tion shall keep accurate accounts of this fund, as is provided for other public 
school funds. 

1907, XXV, 520. 

§ 1833. Each District May Receive Gifts — May Issue Bonds— Elec- 
tions. — Each of the High School Districts so established is hereby authorized to 
receive and use gifts, transfers, bequests or devises of property for corporate 
purposes, whether they be otherwise conditional, or whether absolute in their 
terms ; and also to issue coupon bonds within the constitutional limit, and to 
dispose of the same to raise money for the purpose of purchasing sites and the 
erection of buildings thereon, or for the purpose of purchasing improved prop- 
erty, suitable for school, or dormitory, or mess hall purposes : Provided, That 
the question of amount of issue, and the rate of interest, and the time or times 
of payment of the principal shall first be submitted to the qualified electors 
within the said high school district, at an election to be held in the same man- 
ner as elections for special levies for school district purposes are now required 
to be submitted under Section 1742 of this Code: Provided, That a petition 
for such election be first addressed to the Board of Trustees of said School Dis- 
trict, signed by a majority of the freeholders therein: And Provided, further, 
That an annual interest on said issue shall not exceed six per cent., and that the 
sale shall not be for less than par, and accrued interest. ^^ 

1907, XXV, 520. 

§ 1834. Sixty Thousand Dollars Appropriated for High Schools. — 

The sum of sixty thousand dollars ($60,000) or so much thereof as may be 

29. Where several common school districts unite of total taxable value of property in district, in- 

in forming high school district, limit of bonded eluding obligations of common school district, 

debt of high school district falls under Article X, Welch v. Getzen, 85 S. C. 156, 164, 67 S. E. 

Section 5, of Constitution, and is fifteen per cent 294. 



40 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

necessary, for each of the school years, beginning July 1, 1907, be, and the same 
is hereby, appropriated to carry out the provisions in regard to high schools, 
and the Comptroller-General is hereby authorized to draw warrants upon the 
State Treasurer for such amounts, upon the order of the State Board of Edu- 
cation, duly signed by the Governor, as chairman, and the State Superintendent 
of Education, as secretary : Provided, That every high school receiving aid un- 
der this Chapter shall enroll any high school pupil in the County where the 
school is located free of tuition: Provided, further, That nothing in this Chap- 
ter shall be construed to mean that pupils of different races shall attend the 
same schools. 

1907, XXV, 520; 1908, XXV, 1120; 1909, XXV, 87. 

§ 1835. Limit of Time as to High Schools. — This Act shall in no wise 
interfere with the high schools already established until July 1, 1911, when all 
aid to high schools not coming within the provisions of the High School Act of 
1908 shall be withdrawn. 

1908, XXV, 1120; 1909, XXV, 88. 

§ 1835a. Term of Office of County Superintendent to Begin July 1— 
Provisos. — The term of office of the County Superintendents of Education shall 
hereafter begin July 1st after each general election: Proznded, That the terms of 
office of County Superintendents now in office be extended to July 1st, 1913, or 
July 1st. 1915, respectively, as said terms may be two years or four years: Pro- 
vided, The salary of the retiring County Superintendents of Education for the 
month of June shall not be paid by the County Supervisor, except upon the pres- 
entation of certificate from the State Superintendent certifying that the annual 
report of said County Superintendent for the scholastic year ending June 30th 
has been filed and accepted in the office of State Superintendent: Provided, That 
this Act shall not apply to the counties of Sumter, Lexington, Abbeville, George- 
town, Chester, Bamberg, Fairfield, Laurens, Berkeley, Orangeburg, Richland and 
York: And provided, further, That the term of office of the County School Su- 
perintendents of Union, Edgefield and Calhoun Counties be four (4) years and 
begin July 1, 1913, after the passage of this Act hereby repealing all conflicting 
Acts : Provided, That this Act shall not affect the County of Chesterfield : Pro- 
vided, This Act shall not apply to Beaufort County: Provided, That the County. 
of Abbeville be exempted from the provisions of this Act: Provided, That this 
Act shall not apply to Greenville county : Provided, That this Act shall not apply 
to Anderson county: Provided, That the provisions of this Act shall not apply 
to Horry: Provided, That the provisions of this Act shall not apply to Saluda 
County. 

1912, XXVII, 683. 

§ 1835b. Annual Appropriation to Be Made for Rural Schools. — Not 

less than fifteen thousand dollars shall be appropriated annually for the purpose 
of assisting rural school districts in the establishment, maintenance, and improve- 
ment of rural graded schools under the conditions and provisions of the follow- 
ing sections of this Act: Provided, That the amount hereby appropriated shall 
be expended from the sum appropriated under the terms of Term Extension Act 
of 1910, Act No. 431, page 791. 

1912, XXVII, 924. 

§ 1835c. Certain Requirements for School to Be Entitled to Share 
in $2 00 Appropriation." — When any rural district in South Carolina shall levy 
and collect a special school tax of not less than four (4) mills, and when a school 
in such district employs two certificated teachers for a school term of not less than 
six months, and when such school has an enrollment of not fewer than fifty pupils 
and an average daily attendance for the session of not fewer than thirty pupils, 
and when such school is taught in a comfortable and sanitary building provided 
with the minimum equipment prescribed by the State Board of Education, and 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 41 

when it uses a course of study and classification approved by the State Board of 
Education, it shall be entitled to receive State aid under this Act to the amount 
of $200 per year. 
1912, XXVII, 924. 

§ 1835d. Requirements for $300 Appropriation. — When any rural 
school district in South Carolina shall levy and collect a special school tax of not 
less than four (4) mills, and when such school employs three or more certificated 
teachers for a school term of not less than seven months, and when such school 
has an annual enrollment of not fewer than seventy-five pupils and an average 
daily attendance fnr the session of not fevv^er than forty pupils, and when such 
school is taught in a comfortable and sanitary building provided with the minimum 
equipment prescribed by the State Board of Education, and when it uses a course 
of study and classification approved by the State Board of Education, it shall be 
entitled to receive State aid under this Act to the amount of $300 per year. 

1912, XXVII, 924. 

§ 1835e. Districts Prohibited. — No district which receives State aid un- 
der the provisions of the High School Act or of the Term Extension Act shall 
receive aid under the provisions of this Act. No district which contains an incor- 
porated town with more than three hundred inhabitants shall receive aid under 
the provisions of this Act. 

1912, XXVII, 924. 

§ 1835f. May Convey Children to School.— It shall be lawful for the 
School Trustees of a district to use the State aid obtained under the provisions of 
this Act to furnish public conveyance of children to the school when in the 
opinion of the trustees and the County Superintendent such action is wise and ex- 
pedient. 

1912, XXVII, 924. 

§ 1835g. State Superintendent of Education May Refuse Aid. — The 

State Superintendent of Education may refuse aid under the provisions of this 
Act if it is made to appear to him that the expenditure would be unwise and detri- 
mental to the interest of free school education in said district. 
1912, XXVII, 924. 

§ 1835h. Rules and Regulations for Distribution of Funds. — The State 
Superintendent of Education, with the State Board of Education, shall provide 
rules and regulations for the distribution of this fund, and shall publish such 
regulations to the various County Superintendents of Education, who, in turn, 
shall publish them to the various district trustees. 

1912, XXVII, 924. 

§ 183 51. Applications. — Applications must be filed in order of their receipt, 
and paid or refused in the same order. 
1912, XXVII, 924. 

§ 1835J. Balance of State Dispensary Fund to Be Distributed among 
Counties. — The State Superintendent of Education, the State Treasurer and 
the Comptroller General are hereby authorized and directed to apportion, among 
the several counties of the State, the total cash balance of the State Dispensary 
Fund now remaining in the State Treasury and not otherwise appropriated. This 
apportionment shall be made on the basis of enrollment in the free public schools 
as given in the annual report of the State Superintendent of Education for the 
scholastic year ending June 30, 1911. 

1912, XXVII, 1077. 

§ 183 5k. How Paid Out. — All moneys apportioned to the respective coun- 
ties shall be paid to the County Treasurer, upon the warrant of the Comptroller 
General, to be held in the county treasury as school funds and paid out upon the 



42 GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 

warrant of school district trustees, in the discretion of the County Board of Edu- 
cation, as provided in Section 18351. 

1912, XXVII, 1077. 

§ 183 51. How Used. — The County Boards of Education of the respective 
counties are authorized and directed to use this fund in strengthening weak 
schools, in encouraging school improvement and in promoting the educational in- 
terest of their counties in such manner and at such time as they may deem m.ost 
helpful to the cause of education, under the general direction of the State Super- 
intendent of Education. This fund shall be a Coimty Board Fund, and the time, 
place and manner of its distribution shall be determined by the several County 
Boards of Education by and with the approval, in writing, of the State Superin- 
tendent of Education: Provided, That no more than one-fourth of the amount 
apportioned to a county shall be expended in any one year, except in counties 
where it shall be used to defray past indebtedness due by the school fund, in which 
counties the whole amounts may be used in any one year. 

1912, XXVII, 1077. 

§ 1835in. Apportionment and Expenditure. — Any and all additional funds 
that may hereafter be paid into the State Treasury by the Winding Up Commis- 
sion of the State Dispensary shall be apportioned within thirty days from the 
date of such payment in the same manner, and shall be expended as provided in 
Section 18351 of this Act. 

1912, XXVII, 1077. 



CHAPTER XXV. 

Colleges and Universities. 

Article 1. State Colleges and Universities, 503. 
Article 2. The University of South Carolina, 505. 
Article 3. The Citadel, The Military College of South Carolina, 508. 
Article 4. The Winthrop Normal and Industrial College of South Carolina, 510. 
Article 5. The Colored Normal, Industrial, Agricultural and Mechanical Col- 
lege of South Carolina, 512, 



ARTICLE 1. 

State Colleges and Universities. 

Sec. Sec. 

1836. State colleges and universities. 1841. Institutions receiving support from 

1837. Degree of Licentiate of Instruc- State to report names of bene- 

tion. ficiary students, etc. 

1838. Greek letter fraternities prohibited 1842. Auditors to keep and file affidavits 

in State institutions. of inability to pay tuition. 

1839. State colleges shall suspend exer- 1843. State flag to be displaced on cer- 

cises for ten days at Christmas. tain buildings. 

1840. Naval or military appointment re- 1844. Expense of flags. 

lieves beneficiary of duty to 1845. Clemson College to make and sell 
teach in public schools. flags. 

§ 1836. State Colleges and Universities. — There shall be universities 
and colleges as follows : One located in the City of Columbia, styled The Uni- 
versity of South Carolina ; another in or near the town of Orangeburg, styled 
the Colored Normal, Agricultural and Mechanical College of South Carolina; 
another known as the Winthrop Normal and Industrial College of South Caro- 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 43 

lina; and another styled The Citadel, The Military College of South Carolina. 
They shall be separate and distinct institutions, each under its separate Board of 
Trustees or Visitors. 
1906, XXV, 16. 

§ 1837. Degree of Licentiate of Instruction. — The universities and col- 
leges of this State may provide a course of study, to be approved by the State 
Board of Education, the completion of which by a student will entitle him or 
her to the degree of Licentiate of Instruction, and they may issue a diploma show- 
ing the degree has been conferred, and the holder of such diploma, upon its 
presentation to a County Board of Education, shall be entitled to a first grade 
teachers' County certificate to teach in the public schools of the County. 
Civ. '02, § 1258; 1898, XXII, 764. 

§ 1838. Greek Letter Fraternities Prohibited in State Institutions. — 

The governing Boards of aU institutions of higher learning in South Carolina 
supported in whole or in part by public funds are required to forbid and dis- 
allow in their respective institutions secret Greek letter fraternities or all or- 
ganizations of a similar nature : Provided, Nothing herein contained shall in- 
terfere with the literary societies in such institutions. 
Civ. '02, § 1259; 1897, XXII, 508. 

§ 1839. State Colleges Shall Suspend Exercises for Ten Days at 
Christmas. — All State colleges and universities shall suspend exercises for a 
period of not exceeding ten days, including the time required for going from 
and returning to said colleges, said period to include Christmas Day and New 
Year's Day. 
1906, XXV, 42. 

§ 1840. Naval or Military Appointment Relieves Beneficiary of Duty 
to Teach in Public Schools. — After approval of this Act any beneficiary 
student who is in actual attendance, or may liave graduated from any State col- 
lege or institution of learning, and may thereby be obliged to teach for a term of 
years in the common or other schools of the State, for any and all moneys ex- 
pended in his education by the State, shall be released and absolved from such 
obligations by receiving an appointment to the Naval or Military Academy of 
the United States, or to a position in the army or navy, or other government 
service of the United States, or by becoming a regularly ordained or licensed 
minister of the gospel. 

1909, XXVI. 150; 1912, XXVII, 590. 

§ 1841. Institutions Receiving Support from State to Report Names 
of Beneficiary Students, etc. — The authorities of all colleges or institutions 
of learning supported in whole or in part by the State, shall report to the Gen- 
eral Assembly at its annual meeting the names of all students, with the post- 
office address of each, and whether such students are pay, beneficiary or scholar- 
ship students. 

1906, XXV, 110. 

§ 1842. Auditors to Keep and File Affidavits of Inability to Pay Tui- 
tion. — The Auditors of the several Counties of this State are required to keep 
a record and file of all affidavits made before them, as now required by law, of 
inability on the part of parent, guardian or trustee to pay tuition. 

1906, XXV, 110. 

§ 1843. State Flag to Be Displayed on Certain Buildings. — The State 
flag shall be displayed daily, except in rainy weather, from a stafif upon 
the State House, and every courthouse, one building of the State University 
and of each State college, and upon every public school building, except when 
the school is closed during vacation. 
1910, XXVI, 753. 



44 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 



§ 1844. Expense of Flags. — It shall be the duty of the officer or officers 
in charge of said buildings to purchase suitable flags and cause them to be dis- 
played, the expense to be borne out of the funds provided for maintenance. 
1910, XXVI, 753. 

§ 1845. Clemson College to Make and Sell Flags. — It shall be the duty 
of Clemson College to manufacture in its textile department and sell at approxi- 
mate cost flags of suitable sizes and of correct design, which shall consist of 
blue with white crescent in the upper flagstaff corner, and white palmetto tree 
in the centre, as prescribed in the Resolution adopted by the General Assembly, 
January 28, 1861, to be approved by the Secretary of the Historical Commis- 
sion.^ 
1910, XXVI, 753. 



ARTICLE 2. 
Th:^ University op South Carouna. 



Sec 

1846. Trustees of University of South 

Carolina — Terms of office — Com- 
pensation. 

1847. Incorporation and corporate pow- 

ers. 

1848. Meetings of Board — President — 

Quorum. 

1849. Powers of Board at meetings. 

1850. Property vested in University — 

Proviso as to the sale of. 

1851. Board to receive and invest funds 

offered to found scholarships. 

1852. Power of Board to procure evi- 

dence. 



Sec. 

1853. Election of President — Faculty — 
Powers. 

1854. President must not be an atheist 
or infidel — Chaplain, etc. 

1855. Appointment of Librarian — Duties 
— Assignment of Professors to 
other duties. 

1856. Tuition fees and beneficiary schol- 
arships — Regulations as to. 

1857. College may confer degrees. 

1858. Discretionary powers of Board. 

1859. Normal students and women stu- 
dents. 

1860. Corporation empowered to accept 

money. 

§ 1846. Trustees of University of South Carolina— Terms of Office — 

Compensation The Board of Trustees of The University of South Carolina 

shall be composed of the Governor of the State, the Superintendent of Educa- 
tion and the Chairman of the Committees on Education of the Senate and House 
of Representatives, who shall be members ex officio of said Board, and seven 
other members, each to be elected by the joint vote of the General Assembly, as 
hereinafter provided. 

The regular terms of office of the elective members of each of the aforesaid 
Board of Trustees of The University of South Carolina shall be six years, after 
the first election, in which the terms of office of those elected therein shall be 
two for two years, two for four years, and three for six years, on said Board, 
these terms to be determined by lot after said elections. 

The terms of the elected members of said Board shall date from the first day 
of February, A. D. 1900; and the General Assembly shall hold elections every 
two years to fill vacancies as they occur in any of said Boards by the expiration 
of terms of office. In all cases where there is a vacancy in any of said Boards 
of Trustees, the Governor shall be empowered to fill same by appointment until 
the next session of the General Assembly. 

Each member of the Board shall receive as compensation for his services and 
attendance on the meetings of the Board his actual expenses. 

Civ. '02, § 1260; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 1847. Incorporation and Corporate Powers. — The said Board of 
Trustees is a body corporate and politic, in deed and in law, by the name of the 
Board of Trustees of The University of South Carolina, and by said name they 
and their successors shall have perpetual succession, and be able and capable in 



1. For penalty for mutilating State flag, see § 207, Criminal Code. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 45 

law to have, receive and enjoy, to them and their successors, lands, tenements 
and hereditaments of any kind or value, in fee or for life, or years, and per- 
sonal property of any kind whatever, and all sums of money of any amount 
whatsoever which may be granted, devised or bequeathed to them for the pur- 
pose of building, erecting, endowing or supporting the said university ; but in 
receiving any such bequest no liabilities of any character shall be made binding 
or obligatory upon the State, except such as are accepted by* the General Assem- 
bly. They shall have a common seal for themselves and their successors, with 
liberty to alter the same from time to time, and by their corporate name shall 
and may be able to plead and be impleaded, defend and be defended, in all the 
Courts of this State. 

Civ. '02, § 1261; R. S. 1097; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 1848. Meetings of Board — President — Quorum. — The Board of 
Trustees shall meet in Columbia at such time and place as the Governor shall 
direct; and the Governor of the State shall be the President of the Board, and 
in his absence the Board shall select one of their number to act as President. 
The stated meetings of the Board shall be held at least twice a year ; but the 
President of the Board shall have power to assemble it at any time in extra 
meeting, and it shall be his duty to do so whenever requested by the Faculty of 
said university. A majority of the members of the Board shall constitute a 
quorum for the transaction of ordinary business, but not less than a majority 
vote of the whole Board shall be required for the election or removal of a 
President or Professor, for the creation or abolition of any professorship, or 
for the expulsion of a student. 

Civ. '02, § 1262; R. S. 1098; 1899, XXIII, 105; 1900, XXIII, 358; 1903, XXIV, 66. 

§ 1849. Powers of Board at Meetings. — The said Trustees, or a quorum 
of them, being regularly convened, shall be capable of doing or transacting all 
tile business of said university, but more particularly of electing all the neces- 
sary officers of the said university, of removing any of them for neglect or mis- 
conduct, of prescribing the course of studies to be pursued by the students, and 
in general of enacting all such rules, regulations and by-laws as shall appear to 
them necessary and not repugnant to the laws of the State and of the United 
States. They shall have the power to appoint for said university a Board of 
Visitors of such number as they may deem expedient, whenever they may think 
proper. No vacancy in the offices of the said university shall be filled unless at 
the stated meetings of the Board of Trustees ; but such vacancy may be filled 
at an occasional meeting until the next stated meeting, and no longer. 

Civ. '02. § 1263; R. S. 1099; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 18 50. Property Vested in University — Proviso as to the Sale of. — 

All and every estate and property, real or personal, tenements, hereditaments, 
leasehold estates, franchises, easements and credits of every description which 
have heretofore been of the South Carolina College, or of the University of 
South Carolina, shall vest in and shall become the property of the said univer- 
sity; but no sale of the property of the university shall be made without the 
consent of the General Assembly. 

Civ. '02, § 1264; R. S. 1100; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 1851. Board to Receive and Invest Funds Offered to Found Schol- 
arships. — The said Board of Trustees are also authorized to receive, in behalf 
of the State, and invest to the best advantage, in their discretion, all moneys, 
funds and securities which may from time to time be offered for the founda- 
tion of scholarships in said university. 

Civ. '02, § 1265; R. S. 1101; 1809, XXTTI, 105; 1900, XXIII, 358. 

§ 1852. Pow^er of Board to Procure Evidence. — In all investigations 
touching the affairs of the university, the said Board of Trustees are invested 



46 GENERAL SCHOOL LAW OP SOUTH CAROLINA. 

with full power to compel, by subpoena, rule and attachment, witnesses to appear 
and testify, and papers to be produced and read before the Board. 
Civ. '02, § 1266; R. S. 1102; 1899, XXIII, 105; 1900, XIII, 358. 

§ 1853. Election of President — Faculty — Powers. — The said Board 
shall elect a President, and the President and Professors shall constitute a 
Faculty of the university, and said Faculty shall have the power of enforcing 
the rules, regulations and by-laws adopted by the Trustees for the government 
of the students, by rewarding or censuring them, and by suspending such of 
them as shall be disobedient and refractory until a determination of a quorum 
of the Trustees can be had; but it shall be in the power of a majority of the 
whole Board of Trustees at a stated meeting only to expel a student of the 
university. The Faculty are required to report the whole of their proceedings 
against any student who shall be suspended, together with the cause of such 
suspension, to the Board of Trustees at their next stated meeting after such 
suspension, and the said Board are empowered upon a review of the case to re- 
store any student to his standing in the university. 

Civ. '02, § 1267; R. S. 1104; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 1854. President Must Not Be an Atheist or Infidel — Chaplain, etc. 

— The said Board shall take care that the President of the university shall not 
be an atheist or infidel, and that one of the Professors shall be charged with 
the duties of Chaplain to the university under such regulations and with such 
additional salary as may be fixed by the said Board. 

Civ. '02, § 1268; R. S. 1105; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 18 55. Appointment of Librarian — Duties — Assignment of Profes- 
sors to Other Duties. — The said Board shall appoint a Librarian for said 
university, who shall perform such other duties and receive such salary or com- 
pensation as the Board may prescribe. The Trustees shall have authority to 
assign any Professor to additional duties in any other school or schools without 
additional salary. 

Civ. '02, § 1269; R. S. 1106; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 1856. Tuition Fees and Beneficiary Scholarships — Regulations as 

to. — The tuition fee shall be forty dollars per annum for each student, and shall 
go to the sustenance of the university, except that in the Law Department the 
Board of Trustees may fix such additional fees as they may deeni necessary 
to make it self-sustaining as soon as possible ; compensation for room rent, use 
of Library, and damage to property, shall be regulated by the Board ; and all 
tuition fees in the Law Department shall be subject to the disposal of the Board 
for the payment of the salary of the Law Professor. Excent in the Law De- 
partment, the Faculty of the said university may grant benfficiary scholarships, 
without payment of any fees, to such competent and deserving youths of this 
State as may be unable to pay the same, and the Trustees of the said university 
shall prescribe such rules and regulations as may be proper to confine the en- 
joyment of this privilege to those whose necessities require it. 

And the Board of Trustees may remit all fees to teachers of the State, in 
both public and private schools, who take the special courses ofifered teachers by 
the university. 

Civ. '02, § 1270; R. S. 1107; 1899, XXIII, 105; 1900, XXIII, 358; 1901, XXIII, 732. 

§ 18 57. College May Confer Degrees. — The said university shall have 
full power to confer degrees on students and on such other persons as may be 
qualified to receive the same. 

Civ. '02, § 1271; R. S. 1108; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 1858. Discretionary Powers of Board. — The Board of Trustees shall 
have the power to adopt such measures and make such regulations as may in 



GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 47 

their discretion be necessary to carry out any of the provisions aforesaid in all 
cases where the same has not been specially provided for therein. 
Civ. '02, § 1272; R. S. 1109; 1899, XXIII, 105; 1900, XXIII, 358. 

§ 18 59. Normal Students and Women Students. — The Board of Trus- 
tees shall provide for admitting as normal students, without fees for tuition or 
matriculation, two young men from each County ; and shall provide for admitting 
young women to enter the university not below the Junior class. 
Civ. '02, § 1273; 1893, XXI, 471. 

§ 1860. Corporation Empowered to Accept Money. — The University of 
South Carolina is empowered to accept, receive and hold all moneys or other 
property, real or personal, that may be given, conveyed, bequeathed or devised 
to said corporation ; but in case such moneys or other property so given, con- 
veyed, bequeathed or devised be charged with any trust, that then, and in that 
case, such money or property shall be held and used strictly as fixed by the 
terms of such trust. 

1906, XXV, 16. 



ARTICLE 3. 
The Citadel, The Mieitary College of South Carolina. 

Sec. Sec. 

1861. Board of Visitors — How consti- 1866. Cadet to file bond — Amount — Con- 

tuted — Term of office. dition — Violation — Infancy — 

1862. Powers of Board of Visitors. Proviso. 

1863. Beneficiaries. 1867. Duty of Board of Visitors to re- 

1864. Beneficiary cadets — Appointment — port graduations — Superintend- 

Obligation to teach after gradu- ent of Education's duty. 

ation. 1868. Certificate of release — Certificate 

1865. Copy of matriculation obligation of discharge — Cancellation of 

to be filed. bond. 

1869. Annual report of Board. 

§ 1861. Board of Visitors— How Constituted — Term of Office. — The 

Board of Visitors of the Citadel, the Military College of South Carolina, shall 
be composed of the Governor of the State, the Adjutant and Inspector-General, 
the State Superintendent of Education, and the Chairman of the Military Com- 
mittees of the Senate and House of Representatives, who shall be members ex 
officio of said Board, and five others to be elected, by joint vote of the General 
Assembly as herein provided, who shall be graduates of said Academy. 

The regular terms of office of the elective members shall be six years after 
the first election. The term of those elected at the first election shall be one 
for two years, two for four years, and two for six years, to be determined by 
lot after said election, and their terms of office shall date from the first day of 
February, 1900. The General Assembly shall hold an election every two years 
to fill vacancies as they occur by the expiration of terms of office. 

Civ. '02, § 1275; R. S. 1113; 1899, XXIII, 105. 

§ 1862. Powers of Board of Visitors. — Said board shall have the powef 
to establish such regulations as they may deem necessary for the organization 
and good government of said Academy, and to establish such by-laws for the 
management thereof as shall not be inconsistent with the laws of this State, or 
of the United States, to appoint professors qualified to give instruction in mili- 
tary science, and of other branches of knowledge which they may deem es- 
sential, to fix their salaries and the period for which said professors shall serve, 
and the said board shall have full power to confer the degree of bachelor of 
science and the degree of civil engineer on graduates of the said Acadermy. 

Civ. '02, § 1276; R. S. 1114; 1901, XXIII, 736; 1911, XXVII, 134. 

§ 1863. Beneficiaries. — The said college is open for the free education 
and maintenance of as many beneficiary cadets as the appropriation annually 



48 GEN URAL SCHOOL LAW OF SOUTH CAROLINA. 

made therefor will allow : Provided, That each County shall be entitled to at 
least one beneficiary cadet in the said college, and the Board of Visitors may also 
receive pay cadets without expense to the State. 

Provision in Case of Ne;w Counties. — That in the event of the formation 
of new Counties after the apportionment of beneficiary cadets has been made, 
no cadet then in the college shall be dropped in order to carry out the provisions 
of this law. 

Civ. '02, § 1277; G. S. 1048; R. S. 1115; 1899, XXIII, 111. 

§ 1864. Beneficiary Cadets — Appointment — Obligation to Teach 
after Graduation. — The beneficiary cadets to be admitted, as provided in the 
preceding Section, shall be appointed from the Counties of the State in propor- 
tion to representation in the House of Representatives. They shall be required 
to teach, after graduation, for two years in the free public schools of the State. 

Civ. '02, § 1278; G. S. 1049; R. S. 1116; 1899, XXIII, 728. 

§ 1865. Copy of Matriculation Obligation to Be Filed. — Each bene- 
ficiary cadet, when he receives his appointment, shall file, in the office of the 
State Superintendent of Education, a copy of his matriculation obligation. 

Civ. '02, § 1279, 1891, XX, 1040. 

§ 1866. Cadets to File Bond — Amount — Condition — Violation^ — In- 
fancy — Proviso. — Every beneficiary cadet of the Citadel, the Military College 
of South Carolina, upon reporting for duty and matriculation, shall file with the 
Superintendent of said college a bond payable to the said college in the penal 
sum sufficient to cover the maintenance and education that may be expended 
in his behalf and conditioned for the faithful performance by said cadet of his 
matriculation agreement to teach for two years after graduation in the free 
public schools of this State as provided by law; and if honorably discharged 
before the completion of his course, then to teach for a period of time propor- 
tioned to the time he has been in the college. And unless the said cadet shall 
fill his said obligation as aforesaid he shall be deemed to have violated his con- 
tract, and authority is hereby given to the said college to proceed by law for the 
collection on said bond of such amount as may be necessary to cover so much 
of the maintenance and education of said cadet as may be proportionately due 
from his failure to teach the whole or any part of the time agreed as aforesaid. 
And neither the infancy of the cadet executing such bond nor the Statute of 
Limitation shall be permitted to be pleaded in bar of the recovery of said debt: 
Provided, That the Board of Visitors of the said college may, in their discre- 
tion, permit a beneficiary cadet to fulfill his obligation by teaching in any of the 
public schools or colleges of the State in which his services may be sought in 
like manner and under the same conditions as if he taught in the free public 
schools. 
Civ. '02, § 1280; 1899, XXIII, 796. 

§ 1867. Duty of Board of Visitors to Report Graduations— Superin- 
tendent of Education's Duty. — It shall be the duty of the Board of Visitors 
to report to the State Superintendent of Education, at least one month before the 
expected graduation of any beneficiary cadet, and within one month after the 
honorable discharge of a beneficiary cadet before graduation, the names or name 
of such cadet, and the Superintendent shall inform the Trustees of the free 
public schools throughout the State of the opportunity of securing teachers 
therefor, and shall assign such beneficiary graduates or under-graduates to such 
schools as in his judgment the interest of the State may require, preference 
being given in all cases to the schools in the County from which any beneficiary 
may have been appointed. 

Civ. '02, § 1281; 1899, XXIII, 796. 

§ 1868. Certificate of Release — Certificate of Discharge — Cancella- 
tion of Bond. — If in one month after the opening of the ensuing school year 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 49 

a graduate or under-graduate receive no assignment to a school, the Superin- 
tendent may issue to such graduate or under-graduate a certificate releasing him 
from his obligation to teach in the public schools. Upon satisfactory proof made 
to the State Superintendent of Education by any beneficiary graduate or under- 
graduate that he has fulfilled his matriculation agreement by teaching, as re- 
quired, in the public schools, the said Superintendent shall grant to such grad- 
uate or under-graduate a certificate, under the seal of the State, to that effect. 
Upon presentation of such certificate, or either of them, to the Superintendent 
of the Citadel, the Military College of South Carolina, he shall cancel and de- 
liver to such beneficiary graduate or under-graduate the bond herein required. 
Civ. '02, § 1282; 1899, XXIII, 796. 

§ 1869. Annual Report of Board. — The Board of Visitors shall make a 
minute and full report of the condition and management of the said college to 
the Superintendent of Education and to the Governor, to be by him laid before 
the General Assembly in each and every year. 

Civ. '02, § 1283; R. S. 1117; 1842, XI, 225, § 2; 1891, XX, 1039. 



ARTICLE 4. 

The Winthrop Normal and Industrial, College oe South Carolina. 

Sec. Sec. 

1870. Institution established — Name. 1875. President, Professors and other 

1871. Trustees of Winthrop Normal and officers — Salaries — Attending 

Industrial College — Terms of meetings — Departments — In- 

ofifice — Compensation, etc. dustrial instruction of girls. 

1872. Secretary of State to notify Trus- 1876. Tuition fees. 

tee — Failure to accept. 1877. Degrees — Diploma of Normal De- 

1873. Meeting of Board — Quorum — Fail- partment: — Authority to teach. 

ure to attend — Penalty. 1878. Scholarships in Winthrop Normal 

1874. Incorporation — Name — Corporate College. 

powers — Property rights — In- 
cumbered property — By-Laws — 
Objects. 

§ 1870. Institution Established — Name. — There shall be established an 

institution for the practical training and higher education of white girls, which 

shall be known as "The Winthrop Normal and Industrial College of South 

Carolina," and shall be located, equipped and conducted as hereinafter provided. 

Civ. '02, § 1284; 1891, XX, 1102. 

§ 1871. Trustees of Winthrop Normal and Industrial College — Terms 
of Office — Compensation, etc.- — ^The Board of Trustees of the Winthrop 
Normal and Industrial College of South Carolina, shall be composed of the 
Governor of the State, the Superintendent of Education, and the Chairmen of 
the Committees on Education of the Senate and House of Representatives, who 
shall be members ex officio of said Board, and seven other members, each to be 
elected by the joint vote of the General Assembly, as hereinafter provided. 

The regular term of office of the elective members of the aforesaid Board of 
Trustees of the Winthrop Normal and Industrial College of South Carolina 
shall be six years after the first election, in which the terms of office of those 
elected therein shall be two years, two for four years, and three for six years, 
on said Board, these terms in said Board to be determined by lot after said 
elections. 

The terms of the elected members of said Board shall date from the first day 
of February, A. D. 1900; and the General Assembly shall hold elections every 
two years to fill vacancies as they occur in any of said Board by the expiration 
of terms of office. In all cases where there is a vacancy in said Board of Trus- 

—4 



50 GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 

tees, the Governor shall be empowered to fill same by appointment until the next 
session of the General Assembly. 

Each member of the Board shall receive as compensation for services and at- 
tendance on the meetings of the Board their actual expenses, which shall be 
paid out of the funds of the institution. There shall be at least two regular 
meetings of the Board each year. 

Civ. '02, § 1285; 1891, XX, 1102. 

§ 1872. Secretary of State to Notify Trustee — Failure to Accept 

The Secretary of State shall furnish a certificate to each Trustee within ten 
days after his election, notifying him that he has been so elected, and if any 
Trustee fail for the space of thirty days to inform the Governor of his ac- 
ceptance, then his election shall be void, and his place shall be filled as hereto- 
fore provided in cases of vacancy. 
Civ. '02, § 1286; 1891, XX, 1102. 

§ 1873. Meeting of Board — Quorum — Failure to Attend — Penalty. — 

The first Board of Trustees shall convene within ten days after the adjourn- 
ment of the Legislature for organization and for the transaction of business. A 
majority of said Board shall constitute a quorum. Whenever any member of 
the said Board has failed to attend two successive meetings of said Board with- 
out rendering an excuse which is satisfactory to and accepted by the Board, his 
place shall be declared vacant by the Board and shall be filled as heretofore 
provided. 

Civ. '02, § 1287; 1891, XX, 1102. 

§ 1874. Incorporation — Name — Corporate Powers — Property 
Rights — Incumbered Property — By-Laws — Object. — The Board of Trus- 
tees of the South Carolina Industrial and Winthrop Normal College are hereby 
created a body corporate by the name and style of "The Trustees of the Win- 
throp Normal and Industrial College of South Carolina," and shall by said 
name have perpetual succession of officers and members, the right to use and 
keep a common seal, and the same to alter at will ; and may sue and be sued, 
contract and be contracted with, and may own, purchase, sell and convey prop- 
erty, both real, personal and mixed, and are authorized and empowered to re- 
ceive and hold donations, devises, bequests and legacies for the use and benefit 
of the said institution : Provided, That all property purchased under the author- 
ity of this Article shall be free from liens and incumbrances, and title to the 
same as well as to any donations that said Board n-bay receive shall be taken in 
the name of the Trustees in their corporate capacity, and shall become the prop- 
erty of the State of South Carolina. They shall have full power and authority, 
from time to time, to make, constitute and establish such by-laws, rules and 
orders, not inconsistent with the laws of the land, as to them shall seem neces- 
sary and convenient for the better regulation, government, well-ordering and 
directing of themselves as Trustees as well as the Winthrop Normal and In- 
dustrial College of South Carolina, and all officers, teachers or other persons by 
them employed in and about the same, and all pupils in the said institution. 
They shall possess all the power necessary for the accomplishment of the trust 
committed to them, viz: The establishment, conduct and maintenance of a 
first-class institution for the thorough education of the "white girls" of South 
Carolina, the main object of which shall be (1) to give to young women such 
education as shall fit them for teaching; (2) to give instruction to young women 
in stenography, typewriting, telegraphy, bookkeeping, drawing (free hand, me- 
chanical, architectural, etc.), designing, engraving, sewing, dressmaking, milli- 
nery, art needlework, cooking, housekeeping, and such other industrial arts as 
may be suitable to their sex and conducive to their support, and usefulness. Said 
Trustees shall have authority to add, from time to time, such special features to 



GBNBRAL SCHOOL LAW OP SOUTH CAROLINA. 51 

the institution and to open such new departments of training and instruction 
therein as the progress of the times may require. 
Civ. '03, § 1288; 1891, XX, 1102. 

§ 1875. President, Professors and Other Officers — Salaries — At- 
tending Meetings — Departments — Industrial Instruction of Girls. — The 

Board of Trustees shall appoint a President and Professors of said institution, 
and such other officers as they may think proper to put the same in successful 
operation. They shall fix all salaries and wages of teachers and employees. The 
President selected by them shall attend every meeting of the Board for con- 
sultation and to give information concerning the institution. The Board, aided 
by the President, shall divide the course of study and instruction into depart- 
ments, so as to secure thorough education and the best possible instruction. No 
girl shall be allowed to take a course in said institution who does not receive 
instruction in at least one industrial art. 
Civ. '02, § 1289; 1891, XX, 1102. 

§ 1876. Tuition Fees. — The tuition charge for students shall be forty 
($40) dollars a session: Provided, Students shall be admitted free of tuition 
charges who are not able to pay their tuition, as ascertained and determined by 
the Board of Trustees. 

Civ. '02, § 1290; 1891, XX, 1102. 

§ 1877. Degrees— Diploma of Normal Department — Authority to 
Teach. — The said Trustees are authorized and empowered to confer degrees 
and grant diplomas to all persons who satisfactorily complete the prescribed 
courses of study and training in said institution, and a diploma from the 
Normal Department shall entitle the holder to teach in any of the public schools 
of the State as first grade teacher without further examination. 

Civ. '02, § 1291; 1891, XX, 1102. 

§ 1878. Scholarships in Winthrop Normal College. — The Board of 
Trustees of the Winthrop Normal and Industrial College shall have the author- 
ity to assign the scholarships provided for that institution by the General As- 
sembly, so that there may be given to a County as many scholarships as such 
County is entitled to members in the House of Representatives, at one hundred 
dollars each. These scholarships shall be awarded upon competitive examina- 
tion by the State Board of Education : Provided, however, That before com- 
peting for said scholarships, the applicants shall make to the Board of Trustees 
proof, upon certificate of Auditor and Treasurer of their respective Counties, 
of their financial ability to attend college, and shall receive from said Board 
permission to enter the competitive examination. 
Civ. '02, § 1292; 1896, XXII, 173; 1902, XXIII, 461. 



ARTICLE 5. 

The CoIvOred Normal, Industriai,, Agricultural and Me;chanical College 

oE South Carolina. 

Sec. Sec. 

1879. Establishment of Colored Normal, 1883. Majority for transaction of busi- 

Industrial and Mechanical Col- ness. 

lege of South Carolina. 1884. One-half of Land Scrip fund vested 

1880. Duties and powers of trustees. in Trustees. 

1881. To separate college from Claflin 1885. To have half of Public Land Fund 

University. under Act of Congress — Appli- 

1882. Trustees to provide buildings, es- cation. 

tablish courses of study, etc. — 
Qualifications of instructors. 

§ 1879. Establishment of Colored Normal, Industrial and Mechan- 
ical College of South Carolina. — There shall be established within this State 



52 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

a Normal, Industrial, Agricultural and Mechanical College for the higher educa- 
tion of the colored youth of the State, and the said college shall be known as the 
Colored Normal, Industrial, Agricultural and Mechanical College of South Caro- 
lina, 

Branch of South Carolina University — Trustees, etc. — The Colored 
Normal, Industrial, Agricultural and Mechanical College of South Carolina 
shall be under the management and control of .a Board of Trustees, composed 
of seven members, six of whom shall be elected by the General Assembly, whose 
term of office shall be six years. But the General Assembly shall at its present 
session elect two of said Trustees for two years, two for four years, and two 
for six years, so that two of them shall go out of office every two years. The 
Governor of the State shall be ex officio the seventh member of said Board of 
Trustees. 

Civ. '02, § 1293; 1896, XXII, 174. 

§ 1880. Duties and Powers of Trustees. — The Board of Trustees of the 
Colored Normal, Industrial, Agricultural and Mechanical College of South 
Carolina are hereby fully authorized and empowered to take charge of, manage 
and control all of the real and personal property belonging to Claflin College, 
in whosesoever hands or custody the same may be now or hereafter found, 
and shall hold the same in trust for the benefit and uses of the said Colored 
Normal, Industrial, Agricultural and Mechanical College of South Carolina. 
Civ. '03, § 1294; 1896, XXII, 174. 

§ 1881. To Separate College from Claflin University.— The Board of 
Trustees of the Colored Normal, Industrial, Agricultural and Mechanical Col- 
lege of South Carolina shall have and are hereby given full and ample power 
to do and to perform any and all acts whatsoever necessary to effect a complete 
and final separation of the interests of the State from those of Claflin University, 
and in the continued management of affairs of said college whenever it is found 
necessary to protect or to promote the interests of the State or whenever the 
Trustees deem it right and proper or expedient for any reason, the authority 
here given shall authorize said Trustees to sell, purchase or exchange real estate. 
And the said Trustees shall fix the time and duration of all vacations to be given 
the students of the said institution. The Colored Normal, Industrial, Agricul- 
tural and Mechanical College of South Carolina shall have all the rights and 
privileges possessed heretofore by Claflin College and be entitled to receive all 
the funds set apart for the support of Claflin College under the Acts of the 
General Assembly of this State, and the said college shall forever be, and re- 
main, free and separate from Claflin University and all other colleges, schools, 
or other institutions which are wholly or in part under the direction or control 
of any church or religious or sectarian denomination or society. 
Civ. '02, § 1295; 1896, XXII, 174; 1909, XXVI, 213. 

§ 1882. Trustees to Provide Buildings, Establish Courses of Study, 
etc. — Qualifications of Instructors. — The Board of Trustees of the Colored 
Normal, Industrial, Agricultural and Mechanical College of South Carolina are 
authorized and empowered to provide all necessary suitable buildings upon a 
proper site for the purpose ; to establish a course of study covering the normal, 
industrial, agricultural and mechanical sciences, and provide the necessary ap- 
pliances for proper instruction in the same ; and to select a proper corps of pro- 
fessors and instructors and fix their salaries. The Principal or President and 
corps of instructors shall be of the negro race. 
Civ. '02, § 1296; 1896, XXII, 174. 

§ 1883. Majority for Transaction of Business, — A majority of the 
Board of Trustees shall be necessary for the transaction of any business. 
Civ. '02, § 1297; 1896, XXII, 174. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 



53 



§ 1884. One-half of Land Scrip Fund Vested in Trustees. — One- 
half of the fund known as the Land Scrip Fund, to wit : ninety-five thousand 
and nine hundred dollars, shall be for the benefit of the Colored Normal, In- 
dustrial, Agricultural and Mechanical College of South Carolina, and shall be a 
perpetual fund, which shall forever remain undiminished, and the Board of 
Trustees are authorized to use the income thereon, to wit : six per cent, per an- 
num, payable semi-annually, from July 1st, 1889, for the use and maintenance 
of said college. 

Civ. '02, § 1298; 1889, XX, 299; Const., Art. XI, § 8; 1868, XIV, 169; 1879, XVII, 
86; 1896, XXII, 173. 

§ 1885. To Have Half of Public Land Fund, under Act of Congress — 
Application. — All sums which shall be received by the State from the United 
States government under the provisions of the Act of Congress, approved 
August 30, 1890, entitled, "An Act to apply a portion of the public lands to 
the more complete endowment and support of colleges for the benefit of agri- 
culture and mechanical arts established under the provisions of an Act of Con- 
gress approved July second, eighteen hundred and sixty-two," shall be equally 
divided between the Colored Normal, Industrial, Agricultural and Mechanical 
College and the Clemson Agricultural College, to be applied to the purposes 
specified in said Acts. 

Civ. '02, § 1299; 1890, XX, 704; 1896, XXII, 173. 



CHAPTER XXVI. 
The Clemson Agricultural College. 



Sec. 

1886. Acceptance of the Clemson devise 

and bequest. 

1887. Agricultural and Mechanical Col- 

lege established — Name, Loca- 
tion and studies. 

1888. Board of Trustees — Election — 

Term — Compensation — Powers 
and duties — Tuition. 

1889. Incorporation and powers — Prop- 

erty rights — Proviso — Invest- 
ment of funds — By-laws. 

1890. Expenditure of moneys and sale 

of property. 

1891. Annual report by Board. 

1892. Investment of Clemson bequest 

fund and payment of interest to 
Board. 

1893. Collection and investment of mon- 

eys from Clemson bequest fund 
in Brown Consols. 

1894. One-half Land Scrip Fund vested 

in College Trustees — Applica- 
tion of income. 

1895. Hatch Fund vested in Trustees of 

College for support of Experi- 
ment Station. 

1896. Experimental stations for farm 

demonstration work. 

1897. Department of agriculture and of- 

fice of Commissioner abolished. 

§ 1886. Acceptance of the Clemson Devise and Bequest. — The Hon- 
orable Thomas G. Clemson having departed this life on the sixth day of April, 
A. D. 1888, leaving of force his last will and testament, which was duly admitted 
to probate on the twentieth day of April, 1888, in the office of the Judge of Pro- 
bate for the County of Oconee, in the State of South Carolina, wherein he de- 



Sec. 

1898. Powers and duties devolved upon 

Trustees of Clemson College — 
Exception. 

1899. Meeting of Board — Remuneration. 

1900. Duties and powers of Board. 

1901. Clemson College may construct 

railroad. 

1902. College may lease road. 

1903. College may maintain tramways, 

etc. 

1904. Powers and duties of Veterinarian 

of College. 

1905. Same. 

1906. Privilege tax on fertilizer subject 

to order of Board — Application. 

1907. Clemson College incorporated — 

Limits. 

1908. Powers of Board of Trustees. 

1909. Trustees may license or prohibit 

sales. 

1910. Constables. 

1911. No tax to be levied. 

1912. Annual report to General Assem- 

bly. 

1913. One hundred and sixty-seven 

scholarships created in Clemson 
College. 
1917. How scholarships paid. 



54 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

vised and bequeathed to his executor, Richard W. Simpson, of Pendleton, South 
CaroHna, a tract of land situate on Seneca River, in Oconee County, in said 
State, containing eight hundred and fourteen acres, more or less, known as the 
Fort Hill plantation, as well as all his other property, both real and personal, 
except certain legacies in the said will mentioned and provided for, all in trust 
to convey to the State of South Carolina when the said State shall accept the 
same for the purpose of establishing and maintaining an Agricultural and Me- 
chanical College upon the aforesaid Fort Hill plantation upon the terms and con- 
ditions of said will, the State of South Carolina hereby expressly declares that it 
accepts the devise and bequest of Thomas G. Clemson subject to the terms and 
conditions set forth in his said last will and testament, and the Treasurer of the 
State is hereby authorized and empowered to receive and securely hold the said 
property, both real and personal, and to execute all necessary papers and receipts 
therefor as soon as the said executor shall convey and transfer the said devise 
and bequest to the said State. 

Civ. '02, § 1300; R. S. 1118; 1889, XX, 277. 

§ 1887. Agricultural and Mechanical College Established — Name, Lo- 
cation and Studies. — The deed and transfer of said property to the State hav- 
ing been duly executed and made by the said executor, in accordance with the 
provisions of said will, an Agricultural and Mechanical College is hereby estab- 
lished in connection with the aforesaid devise and bequest, to be styled "The 
Clemson Agricultural College of South Carolina," and situated at Fort Hill, in 
Oconee County, on the plantation so devised ; in which college shall be taught 
all branches of study pertaining to practical and scientific agricultural and other 
industries connected therewith, and such other studies as are not inconsistent 
with the terms of the said will. 

Civ. '02, § 1301; R. S. 1119; 1889, XX, 278, § 2. 

§ 1888. Board of Trustees — Election — ^Term — Compensation — Pow- 
ers and Duties — Tuition. — ^The said college shall be under the management 
and control of a Board of thirteen Trustees composed of the seven members 
nominated by said will and their successors and six members to be elected by the 
Legislature in joint assembly. 

Three of the Trustees elected in 1898 shall serve for the term of two years, 
and three of said Trustees shall serve for the term of four years, from the com- 
mencement of their terms and until their successors shall be elected, and the said 
six trustees, immediately after their election, shall cast lots to determine which 
three of said Trustees shall serve for the term of two years and which three shall 
serve for the term of four years. Hereafter every two years the General As- 
sembly shall elect in joint assembly three Trustees for said college, who shall 
serve for the term of four years and until their successors shall be elected and 
shall qualify. 

The Board of Trustees shall elect one of their number to be President, and 
elect a Secretary and fix his salary. They shall organize the college and put it 
m operation as soon as practicable after the passage of this Act ; shall prescribe 
the course of study, shall declare the professorships, elect the professors and de- 
fine their duties and fix their salaries, and make all rules and regulations for the 
government of the college. They may employ such superintendent, head work- 
man, laborers for the farm, shops and grounds as may be necessary, and fix 
their compensation. They shall charge each student a tuition fee of forty dol- 
lars per annum : Provided, hoivevcr, The Board of Trustees of said Clemson 
Agricultural College may grant free tuition to such competent and deserving 
youths of this State as may be unable to pay the same, and the said Board of 
Trustees shall prescribe such rules and regulations as may be proper to confine 
the enjoyment of this privilege to those whose necessities require it. 

Civ. '02, § 1302; R. S. 1120; 1889, XX, 277; 1897, XXII, 470; 1898, XXII, 763; 
1912, XXVII, 558. 



GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 55 

§ 1889. Incorporation and Powers — Property Rights — Proviso — In- 
vestment of Funds — By-Laws. — The said Board of Trustees is hereby declared 
to be a body poHtic and corporate, under the name and style of the Clemson Ag- 
ricultural College of South Carolina. They shall have a corporate seal, which they 
may change at their discretion ; and in their corporate name they may contract 
for, purchase and hold property, for the purposes of this Article, and may take 
any property or money given or conveyed by deed, devise or bequest of said 
college, and hold the same for its use and benefit : Provided, That the conditions 
of such gift or conveyance shall in no case be inconsistent with the purposes of 
this Chapter, and shall incur no obligation on the part of the State. They shall 
securely invest all funds and keep all property which may come into their pos- 
session, and may sell any of the personal property not subject to the trust, and 
reinvest the same in such way as they may deem best for the interest of said 
college. They may sue and be sued, and plead and be impleaded, in their cor- 
porate name, and may do all things necessary to carry out the provisions of this 
Chapter, and may make by-laws for this purpose if they deem it necessary. 
Civ. '02, § 1303; R. S. 1121; 1889, XX, 279. 

§ 1890. Expenditure of Moneys and Sale of Property. — It shall re- 
quire a two-thirds vote of the said Board of Trustees to authorize the expendi- 
ture of any moneys appropriated to the said college by the State, or to authorize 
the sale or transfer or reinvestment of any property or moneys arising from the 
sale of any property under the provisions of this Chapter. 

Civ. '02, § 1304; R. S. 1122; 1889, XX, 279. 

§ 1891. Annual Report by Board. — It shall be the duty of said Board of 
Trustees to make to the Legislature an annual report of the college, and of all 
farming operations and tests and experiments, and of all receipts and expendi- 
tures, with a statement of the condition of the property and funds of said col- 
lege, and of all receipts and expenditures of money appropriated thereto by the 
State. 
Civ. '02, § 1305; R. S. 1123; 1889, XX, 279. 

§ 1892. Investment of Clemson Bequest Fund and Payment of In- 
terest to Board. — The State Treasurer shall securely invest and reinvest the 
funds now in his hands, and such as may hereafter come into his hands, derived 
from the Clemson bequest in such manner as shall be directed by the Governor, 
the Comptroller-General and the Treasurer of the State, or any two of them. 
He is hereby authorized to collect the interest annually upon all investments 
made of funds of the Clemson bequest, and pay the same over to the Treasurer 
of the Board of Trustees of Clemson Agricultural College. It shall be his duty, 
under the direction of the Governor, the Comptroller-General and the Treasurer 
of the State, or any two of them to enforce the collection of the principal or 
interest due on any investment made of such Clemson bequest. 

Civ. '02, § 1306; R. S. 1124; 1890, XX, 662. 

§ 1893. Collection and Investment of Moneys from Clemson Bequest 
Fund in Brown Consols. — The State Treasurer is hereby authorized and em- 
powered to collect by suit or otherwise, or to sell and convert into money, all the 
evidences of indebtedness now held by him and which was turned over to him 
as a part of the Clemson bequest, and that when he shall have received the 
money on same that he invest the same in Brown Consols, bearing interest at six 
per cent, per annum. When said funds are invested in said Brown Consols, as 
provided for in this Section, then the State Treasurer shall issue a certificate of 
State stock in a sum equal to the value of said Brown Consols, bearing interest 
at the rate of six per centum per annum, payable semi-annually, to the Board of 
Trustees of the Clemson Agricultural College, to be held as a perpetual fund, 
the capital of which shall forever remain undiminished, the interest on same to 
be used bv said Board of Trustees for the uses of said Clemson Agricultural Col- 



56 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

lege ; and when the said State stock is so issued, he do then cancel the said Brown 
Consols in the place of which the said State stock was issued. 

Civ. '02, § 1307; R. S. 1125; 1891, XX, 1054. 

§ 1894. One-Half Land Scrip Fund Vested in College Trustees — Ap- 
plication of Income.- — One-half of the Land Scrip Fund heretofore vested by 
Section 1045 of the General Statutes (1882) in the Board of Trustees of the 
University of South Carolina is hereby vested in the six members of the Board 
of Trustees of the Clemson Agricultural College of South Carolina elected by 
the General Assembly ; and the State Treasurer is authorized and required to is- 
sue a certificate of State stock in the sum of ninety-five thousand nine hundred 
dollars, bearing interest at the rate of six per centum per annum, payable semi- 
annually, to the said six members of the said Board of Trustees, to be held as a 
perpetual fund, the capital of which shall forever remain undiminished, the in- 
come of said fund to be used by said Board of Trustees for the building and 
maintenance of the said Clemson Agricultural College, in accordance with the 
purposes for which the said Land Scrip was donated by the Act of Congress in 
relation thereto.^ 

Civ. '02, § 1308; R. S. 1126; 1889, XX, 299, § 1; Con., Art. XI, § 8; 1868, XIV, 169; 
1879, XVII, 86. 

§ 1895. Hatch Fund Vested in Trustees of College for Support of 
Experiment Station. — The annual grant of fifteen thousand dollars, com- 
monly known as the Hatch Bill fund, made to the State of South Carolina by 
the Congress of the United States according to the terms of an Act of Congress 
entitled "An Act to establish agricultural experiment stations in connection with 
the colleges established in the several States under the provisions of an Act ap- 
proved July second, eighteen hundred and sixty-two, and of the Act supplemen- 
tary thereto," approved March 2d, 1887, shall be and hereby is, withdrawn from 
the control of the Board of Trustees of the University of South Carolina, in 
whom it was vested by an Act entitled "An Act to amend Chapter XX of the 
General Statutes, entitled 'Of the University of South Carolina,' " approved 
December 22, 1887; and the said grant of fifteen thousand dollars is hereby 
vested in the six members of the Board of Trustees of the Clemson Agricultural 
College of South Carolina chosen by the General Assembly; and an agricultural 
experiment station shall be established in connection with the said Clemson Agri- 
cultural College, and under the direction of the Board of Trustees thereof, to 
be supported by said grant according to the provisions of the Act of Congress 
hereinbefore mentioned. 

Civ. '02, § 1309; R. S. 1128; 1889, XX, 300, § 2. 

§ 1896. Experimental Stations for Farm Demonstration Work. — The 

Board of Trustees of Clemson Agricultural and Mechanical College are hereby 
authorized and empowered to establish and operate two or more experimental 
stations, as in their judgment the funds of said college will justify, for the pur- 
pose of testing soil, climatic and other conditions and farm demonstration work: 
Provided, That one of such stations shall be established within the Peedee sec- 
tion of the State, one within the sand hill portion thereof, and the others wher- 
ever in the judgment of said board will result to the best interest of the State: 
And provided, further, That due advertisement for bids in money and donations 
of land for the location of any such stations in any section of the State shall 
be made before the location thereof is determined. 
1911, XXVII, 3. 

§ 18 97. Department of Agriculture and Office of Commissioner Abol- 
ished. — The Department of Agriculture of this State, as heretofore consti- 

1. See ante, § 1413, as to the division of the of South Carolina, and Clemson Agricultural Col- 
public land funds between the Colored Normal, lege. 
Industrial, Agricultural and Mechanical College 



GBNBRAL SCHOOL LAW OF SOUTH CAROLINA. 57 

tuted and provided for by law, is abolished, and also the office of Commissioner 
of Agriculture for this State. 

Civ. '02, § 1310; R. S. 1129; 1890, XX, 705, § 1. 

§ 1898. Powers and Duties Devolved upon Trustees of Clemson Col- 
lege — Exception. — All the powers, duties, rights and privileges heretofore 
vested in and exercised by the Commissioner of Agriculture and the Depart- 
ment of Agriculture of this State are hereby vested in and devolved upon the 
Board of Trustees of the Clemson Agricultural College of South Carolina, ex- 
cept that said Board shall not have any rights, powers or privileges in reference 
to or in connection with the management and control of the rights and interests 
of the State in the phosphate rock or phcsphatic deposits in the navigable streams 
and marshes thereof. 

Civ. '02, § 1311; R. S. 1130; 1890, XX, 705, § 2. 

§ 1899. Meeting of Board — Remuneration. — For the purpose of carry- 
ing out the duties hereby devolved upon them, the said Board of Trustees shall 
meet at the call of the Governor, and at such time and place as he may designate. 
They shall receive no compensation, but shall be allowed their actual expenses, 
for not exceeding two meetings in one year, while engaged in the duties of the 
Board imposed upon them by this Article. 

Civ. '02, § 1312; R. S. 1131; 1890, XX, 706, § 3; 1899, XXIII, 111. 

§ 1900. Duties and Powers of Board. — The duties and powers of the 
said Board of Trustees are as follows : 

1. They shall regulate the returns of such County agricultural societies as may 
be chartered by the State, prescribe the forms of such return, and furnish all 
blanks necessary for securing uniform and reliable statistics of their operations. 

2. They shall issue to the several County Auditors of the State, blanks, with 
complete instructions, for the collection of agricultural statistics and informa- 
tion. The Auditors shall promptly return such blanks to the Board, filled in ac- 
cordance with such instructions. 

3. They shall investigate all subjects relating to the improvement of the agri- 
cultural interests of the State, the inducement of immigration thereto, and the 
introduction of foreign capital therein, as they may deem expedient. 

4. They shall have the right to promulgate and enforce rules and regulations, 
for the guidance of the Veterinarian of said college, or his assistant, if one shall 
be appointed, in the treatment of horses, mules, cattle, hogs, or other live stock 
affected with any dangerous or contagious disease. 

5. The said Board shall have the power to adopt rules and regulations, con- 
sistent with the laws of this State, and of the United States, to prevent the in- 
troduction into this State of any live stock, that is affected with any contagious 
disease, the tendency of which is to cause the death of said live stock. 

6. They shall have power, in case of contagious disease among any kind of 
stock or animals, either to establish rules of quarantine or to have the infected 
animals killed and burned. 

7. Said Board, or a committee thereof, appointed by them, shall supervise and 
enforce the execution of all laws respecting the sale of commercial fertiHzers and 
seeds within the State, and any other duties by this Chapter devolved upon them. 

8. They shall appoint a special inspector or inspectors of fertilizers, and such 
other persons as they may deem necessary for carrying out the duties of the 
Department of Agriculture, hereby devolved upon them, and fix their com- 
pensation. 

9. They shall collect samples of any commercial fertilizers offered for sale in 
this State and cause the same to be analyzed. Such samples must be taken from 
at least ten per cent, of the lot analyzed. 



58 GENERAL SCHOOL LAW OF SOUTH CAROLINA, 

10. They shall prepare and keep in their department books of registry in which 
any person may cause to be entered any tract or lot of land which he may desire 
to sell, stating the terms of sale. And such person may file also any plat or other 
descriptive paper relating to such lands as he may think proper. They shall also 
keep books in which shall be entered the names of persons desiring employment 
as laborers. The registry fee for each tract of land, or for each person seeking 
employment, shall be one dollar. The books shall be open to inspection free of 
charge. 

11. They shall communicate and co-operate with the Commissioner of Agri- 
culture of the United States, and shall receive from him seeds, plants, docu- 
ments and information, and shall distribute the same as may seem to the best 
advantage. 

12. They shall have power to hold agricultural conventions composed of dele- 
gates from each County in the State, to be apportioned to each County and 
elected in such manner as the Board may provide ; and to conduct farmers' insti- 
tutes at such times and places as may appear expedient ; and they are authorized 
to use such parts of the funds under their control as may be necessary to meet 
the expense of conducting such conventions and institutes, but no compensation, 
per diem or mileage shall be paid to the delegates of such conventions.^ 

13. The authorities of Clemson Agricultural and Mechanical College are 
hereby authorized and required to detail one of its scientific agriculturists to pay 
frequent visits to the coast section of the State, and to examine the soils, present 
methods of cultivation, fertilization, irrigation, etc., and to make practical tests, 
on some selected section, of Sea Island cotton, rice and truck farms, with various 
varieties of seeds, and to follow the same up carefully during the preparation of 
the land, planting of seed and cultivation and harvesting of same, and also to 
examine into the diseases of cotton, rice, truck, etc., which have caused much 
trouble and loss in that section. That it shall be the duty of the planters and farm- 
ers of the section so visited to render hearty assistance and co-operation in every 
way in their power to the gentlemen detailed under the provisions of this Section. 

Civ. '02, § 1313; G. S. 587, 588, 589, 591, 594; R. S. 1132; 1879, XVII, 72; 1890, XX, 
706, § 4; 1901, XXIII, 737. 

§ 1901. Clemson College May Construct Railroad. — The Clemson 
Agricultural College of South Carolina is hereby authorized and empowered to 
construct, maintain and operate a railroad between the Clemson Agricultural Col- 
lege of South Carolina and Calhoun Station, on the line of the Atlanta and Char- 
lotte Air Line Railway, with all the rights, powers, duties and privileges that are 
conferred and imposed by the laws of this State upon railroad companies. 

Powers and Rights of College as to Railroad. — The said Clemson Agri- 
cultural College of South Carolina, for the purpose of the construction of said 
railroad, shall be entitled to all the rights and privileges (and be subject to all 
the liabilities of railroad corporations) embraced in what is called the "General 
Railroad Law," and Acts amendatory thereof, as well as any Acts now existing, 
or hereafter to be passed, regulating the duties, privileges and rights of rail- 
road companies. 

Civ. '02, § 1314; 1900, XXIII, 565. 

§ 1902. College May Lease Road. — After construction of said railroad 
the said Clemson Agricultural College of South Carolina, for the purpose of 
operating the same, is empowered to lease, in any lawful manner, the said rail- 
road to any railroad company upon such terms as may be mutually agreed upon, 
or may enter into any agreement with any railroad company for the operation 
of the same. 

Civ. '02, § 1315; 1900, XXIII, 565. 

2. See ante, §§ 875-883, as to State Entomologist and State Board of Entomology. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 59 

§ 1903. College May Maintain Tramways, etc. — The said Clemson Ag- 
ricultural College of South Carolina is authorized to construct and maintain 
tramways, macadam roads, electric roads, and such other highways within the in- 
corporation as the Board of Trustees may deem expedient for the improvement 
ana development of the corporation, and to this end shall have all the powers, 
privileges and rights conferred by Sections 1901 and 1902. 

Civ. '02, § 1316; 1900, XXIII, 565. 

§ 1904. Powers and Duties of Veterinarian of College. — The Veterina- 
rian of said college shall have the right to visit any section of this State, where con- 
tagious diseases among animals is believed to exist, and shall determine, under the 
rules and regulations of said Board, whether such affected animals, are worthy of 
remedial treatment or should be destroyed. It shall not be lawful for any person 
or persons to hinder or obstruct said Veterinarian or his assistant, in the enjoy- 
ment of the rights given by this Section, or in the discharge of the duties pre- 
scribed by this next succeeding Section.^ 

Civ. '02, § 1317; 1901, XXIII, 737. 

§ 1905. Same. — When two or more reputable citizens, of any County in 
this State, shall notify said Veterinarian that any animals in their County are 
affected with a contagious disease, the tendency of which is to cause the death 
of such animals, he shall investigate the same, or cause an investigation thereof 
to be made; and for such purpose, he, or his assistant, shall have the right to go 
upon any premises on which such affected animals are, or where they are sup- 
posed to be. Said v t'erinarian shall have the right to treat such affected ani- 
mals, at the expense ot t.'.e owner or owners of the same, or shall have the right 
to cause the same destroyed under such rules and regulations as may be pre- 
scribed by the said Board. ?xo compensation shall be paid to the owner or own- 
ers of any animals destroyed r.nder the provisions of this Section. The neces- 
sary expenses incurred by the Veterinarian or his assistant in the discharge of 
the duties prescribed in this Chapter, shall be paid from the funds of Clemson 
College. 

Civ. '02, § 1318; 1901, XXIII, 737. 

§ 1906. Privilege Tax on Fertilizer Subject to Order of Board — Ap- 
plication. — All the privilege tax on fertilizers heretofore required to be paid to 
the Commissioner of Agriculture shall in tlie future be paid to the Treasurer of the 
State, subject to the order of the Board of Trustees of the Clemson Agricultural 
College of South Carolina ; and so much of the money so received as shall be nec- 
essary to defray the expenses of the Board in performing the duties now by this 
Chapter devolved upon them shall be tb;''^ used, and the balance shall go to the 
said college, for its erection and maintenaijc. 

Civ. '02, § 1319; R. S. 1133; 1890, XX, 70 J, 5; 6. 

§ 1907. Clemson College Incorporated — Limits. — A municipal corpo- 
ration is hereby created, known as Clemson College, the limits of which shall 
consist of all the lands belonging to the said college and cover all the territory 
included in a circle formed with the colle^ce building as a centre, with a radius 
of five miles, thus making the diameter of the circle ten miles, within which 
boundaries the jurisdiction of the corporation shall extend. No dispensary shall 
ever be located at Calhoun. 

Civ. '02, § 1320; 1894, XXI, 915; 1901, XXIII, 830. 

§ 1908. Powers of Board of Trustees.— 1. The Board of Trustees of 
Clemson College and their successors in office shall have perpetual control and 
direct the affairs of said corporation. 

2. Police A/[agistrate. — The said Board, by a majority vote, shall have the 
power, and it is made their duty, to recommend a suitable person as Police Mag- 

S. For penalty of such ohstruction, see Criminal Code. 



60 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

istrate, who shall be commissioned by the Governor, and who shall exercise all 
the powers of a Magistrate and of a City Recorder in punishing offenses against 
the law, or against the Ordinances of the said Board of Trustees. But said Mag- 
istrate shall not have jurisdiction in Pickens County. 

Penalties. — The said Board of Trustees shall have authority, and it shall 
be their duty, to make such rules for the maintenance of order and provide such 
punishments, within the jurisdiction of a Magistrate, by fine or imprisonment, 
or both, as will keep the territory within their jurisdiction free from nuisances 
and enforce the police regulations of the State. 

Civ. '02, § 1321; 1894, XXI, 915; 1901, XXIII, 830. 

§ 1909. Trustees May License or Prohibit Sales. — The Board of Trus- 
tees of the Clemson Agricultural College are authorized and empowered to make 
such by-laws as they deem proper to license or prohibit the sale of goods, wares 
and merchandise of any kind whatever on the grounds belonging to the said col- 
lege as are not repugnant to the laws of the State. 

Civ. '02, § 1322; R. S. 1135; 1892, XXI, 88. 

§ 1910. Constables. — The .said Board shall have authority to appoint 
one or more special Constables, who shall exercise all the power of a State Con- 
stable or of a municipal policeman, to enforce obedience to its ordinances and 
to the laws of the State. 

Civ. '02, § 1323; 1894, XXI, 915. 

§ 1911. No Tax to Be Levied. — Nothing contained in Sections 1907, 
1908 and 1909, shall give said Board of Trustees the right to levy or collect any 
tax. 

Civ. '02, § 1324; 1894, XXI, 915. 

§ 1912. Annual Report to General Assembly. — A report of all their 
proceedings under this Chapter shall be made, annually, by the Board to the 
General Assembly. 

Civ. '02, § 1325; G. S- 598; R. S. 1134; 1879, XVII, 74. 

§ 1913. One Hundred and Sixty- Seven Scholarships Created in Clem- 
son College. — There are hereby established and created one hundred and sixty- 
seven (167) beneficiary scholarships in the Clemson Agricultural College of 
South Carolina, and each of said scholarships shall be of the value of one hun- 
dred dollars per annum, and shall be apportioned and distributed among the 
several Counties of the State in the same manner as the members of the Senate 
and House of Representatives are apportioned, so that each County shall have 
as many scholarships as such County is entitled to members in the Senate and 
House of Representatives. 

1910, XXVI, 679. 

§ 1917. How Scholarships Paid. — The said scholarships shall be paid 
from the regular income of said Clemson Agricultural College, as now provided 
by law, and shall each continue for the term of four years, or for such length of 
time as the beneficiary shall be able to maintain himself and comply with the 
rules of the College; and the said sum of one hundred dollars per annum shall 
be placed to the credit of each of said beneficiaries and applied towards the pay- 
ment of his board and other necessary school expenses. 

1907, XXVII, 540. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 61 

CHAPTER XXVII. 
South Carolina Institute for the Education of the Deaf, Dumb and Blind. 

Sec. Sec. 

1918. Board of Commissioners. 1924. All deaf mutes and blind persons 

1919. Duties and powers of Board. admitted. 

1920. Superintendent — How elected. 1925. Expenses of applicants. 

1921. Duties and powers of Superintend- 1926. Expenses of pupils. 

ent. 1927. Board may provide for higher edu- 

1922. Meetings of Board. cation of any graduate. 

1923. Reports of Board. 

§ 1918. Board of Commissioners. — The Board of Commissioners for 
the South CaroHna Institution for tb.e Education of the Deaf and Dumb and the 
Blind shall consist of five membeis as follows: The Superintendent of Educa- 
tion, ex-officio, and four members to be appointed by the Governor, three of 
whom shall reside in Spartanburg County. The term of office of aforesaid four 
members shall be, respectively, two, four, six and eight years, the term of each to 
be designated by the Governor when appointed. At expiration of term of office 
of any member of the Board, the Governor shall fill vacancy by appointment for 
term of eight years, the Governor to have power to remove for cause at any time. 
The said Board shall be allowed actual expenses for not more than two meetings 
in each year, to be paid by the Superintendent of the Institution. Nothing herein 
contained shall interfere wnth the present Board of Trustees and until after their 
term of office expires. 

Civ. '02, § 1326; G. S. 1053; R. S. 1136; 1878, XV.I, 707; 1894, XXI, 749; 1902, 
XXIII, 1026. 

§ 1919. Duties and Powers of Board. — The Board of Commissioners 
are vested with the supervision and control of afifairs and government of said 
institution, with power to regulate salaries of officers and teachers, to establish 
conditions, forms, and regulations for the admission of pupils therein, and to 
prescribe such rules and by-laws as in their judgment shall be necessary for the 
managemetit and good government thereof. 

Civ. '02, § 1327; G. S. 1054; R. S. 1137; 1878, XVI, 707. 

§ 1920. Superintendent — How Elected. — The Superintendent of said 
institution shall be elected by said Board of Commissioners, and shall be the 
immediate executive head of the institution, and shall be -responsible to the 
Board of Commissioners. 

Civ. '02, § 1328; G. S. 1055; R. S. 1138; 1878, XVI, 707. 

§ 1921. Duties and Powers of Superintendent. — The Superintendent 
shall nominate all his subordinate officers and teachers, subject to the approval 
of the Board of Commissioners; he shall be the official medium of communica- 
tion between the Board and said subordinate officers and employees ; shall make 
all regulations of internal police; shall authorize the purchase of ordinary sup- 
plies, and shall examine and certify to the correctness of all bills of such supplies. 

Civ. '02, § 1329; G. S. 1056; R. S. 1139; 1878, XVI, 707. 

§ 1922. Meetings of Board. — The Board of Commissioners shall elect a 
Chairman and Secretary from their number, and shall meet annually on the first 
Wednesday in August at the institution, and at such other times and olaces as 
the Chairman of the Board shall direct. The Board of Commissioners shall re- 
ceive no compensation for their services. 

Civ. '02, § 1330; G. S. 1057; R. S. 1140; 1878, XVI, 707. 

§ 1923. Reports of Board. — The Board of Commissioners shall draw the 
annual appropriations as made by the Legislature for the support and mainte- 
nance of said institution, and shall annually report to the Legislature a statement 
of their various- acts and doings during the past year, showing exactly how they 



62 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

disbursed the money received and expended, and file vouchers covering the same 
in the office of the Comptroller-General. 

Civ. '02, § 1331; G. S. 1058; R. S. 1141; 1878, XVI, 707. 

§ 1924. All Deaf Mutes and Blind Persons Admitted All deaf mutes 

and blind of the State who are of proper age and mental capacity (each case to 
be decided by the Board of Commissioners) shall be admitted to the benefits of 
the institution. 

Civ. '02, § 1332; G. S. 1059; R. S. 1142; 1878, XVI, 707. 

§ 1925. Expenses of Applicants. — The whole or part of the expenses of 
the several applicants shall be paid, according to the opinion which the Commis- 
sioners may form as to the pecuniary condition of the applicants ; and in case of 
more applications than would exhaust the annual appropriation, the Commission- 
ers shall make selection according to their opinion of the deserts of the various 
applicants. 

Civ. '02, § 1333; G. S. 1133; R. S. 1143; 1878, XVI, 708. 

§ 1926. Expenses of Pupils. — The sum which shall be allowed for the 
board, tuition and all incidental expenses of one deaf and dumb or blind person 
for one year, shall not exceed one hundred and fifty dollars, not including herein 
traveling expenses, clothing and medical attendance, which the Commissioners 
shall place upon the most economical scale. 

Civ. '02, § 1334; G. S. 1134; R. S. 1144; 1878, XVI, 708. 

§ 1927. Board May Provide for Higher Education of Any Graduate; — 

The Board of Commissioners of the School for the Deaf and Dumb and Blind 
may, upon the recommendation of the Superintendent and Faculty, appropriate 
one hundred and fifty ($150.00) dollars annually to provide for the higher edu- 
cation of any graduate thereof, m.atriculating in any special or regular course of- 
fered in any chartered college. 

The Board shall make suitable regulations for such students, but not more 
than four graduates shall be thus aided in any one year. 

1910, XXVI, 917. 



Health 



§ 1598. Inspection of Schools, etc — Water Supply, etc. — Schools 
Closed during Epidemic. — It shall be the duty of the Board of Health as a 
body, or by committee, with the Health Officer, to make quarterly visits and in- 
spections to all schools, seminaries or colleges (while in session) which are sup- 
ported in part or entirely by public taxation, and examine and report on the 
sanitary condition of the same, the abatement and removal of garbage, refuse 
matter and nuisances which may prove prejudicial to the health of the pupils. 
They shall inquire into the purity of the water supply, the condition and effi- 
cient working of the drains, waste pipes, soil pipes and cesspools, the ventila- 
tion, lighting of the dormitories, lecture and study rooms of the buildings and 
the appliances in use for fire escapes. In case of the epidemic prevalence of 
contagions or infections, and in order to prevent the spread of the same, the 
Board of Health, by and with the consent of the City or Town Council, may 
order the schools, seminaries or colleges, in such town or city, partially or en- 
tirely supported by public taxation, closed until such times as they may deem it 
safe to reopen them. The Board of Health shall have the right to declare any 
epidemic or cause of ill health so injurious as to make it necessary to close any 
or all of the private schools in the limits of such city or town. Whatever sanitary 
conditions or evils shall be found by the Board of Health to exist in or around 
the public colleges, schools, etc., shall be reported by the Secretary of the Board 
of Health to the Trustees of the same, who shall take immediate steps to remedy 
the sanitary defects according to the rules and regulations prescribed by the 
Board of Health. 

Civ. '02, § 1104; R. S. 964; 1883, XVIII, 793; 1894, XXI, 818. 

§ 1607. Powers of School Authorities to Prevent Spread of Contagi- 
ous or Infectious Diseases. — Any Board of Education, School Trustees, or 
any other body having control of any of the schools, may, on account of the 
prevalence of any contagious or infectious diseases, or to prevent the spread of 
any such disease, prohibit the attendance of any teacher or scholar upon any 
school under their control, and may specify the time such teacher or scholar 
shall remain absent, or they shall require a satisfactory certificate from one or 
more reputable practicing physicians that such attendance is no longer attended 
with risk to others attending school, and may also prohibit the entrance into or 
attendance at any school of all unvaccinated persons who have not had the 
smallpox. The said' Board of Control or Trustees may also require vaccination 
of any or all teachers, scholars and attendants if a case of smallpox have oc- 
curred in the city or town. 

Civ. '02, § 1110; R. S. 965; 1883, XVIII, 292, § 6. 



Special Provisions as to Schools in Criminal Code 



§ 575. A Misdemeanor for Certain Officers to Discount Teachers' Pay 
Certificates. — It shall be unlawful for any County Treasurer, County Auditor, 
member of County Board of Education, or School Trustee, to buy, discount or 
share, directly or indirectly, or be in any way interested, in any teachers' pay cer- 
tificate, or other order on school fund, except such as are payable to him for his 
own services, or for any School Trustee to make any contract, or be pecuniarily 
interested, directly or indirectly, in any contract with any school district of which 
he is Trustee. If any of the officers aforesaid shall violate the provisions of this 
section, he shall be deemed guilty of a misdemeanor, and on conviction thereof 
shall pay a fine of not less than one hundred dollars nor more than five hundred 
dollars, to be used for school purposes in his county, and shall be imprisoned not 
less than three months nor more than twelve months, or either or both, and shall 
forfeit the amount of such claim or of his interest in such claim. 

Crim. Code '02, § 418; R. S. 333; G. S. 2561; 1900, XXIII, 366; 1896, XXII, 150. 

§ 576. School Officers Prohibited from Being Agent for School 

Books. — It shall be unlawful for any teacher of a school supported in whole 
or in part from the public school funds of this State, or any Trustee of any 
such school, or any other school officer, to become an active or silent agent of any 
school book publislier, or be in any wise pecuniarily interested in the introduc- 
tion of any school book or books into any school in this State. Any person violat- 
ing any of the provisions hereof shall, upon conviction thereof, be deemed guilty 
of a misdemeanor, and be subject to a fine of not less than one hundred dollars 
or imprisonment in the county jail for a period of not less than thirty days, or 
both, at the discretion of the Circuit Judge. 
Crim. Code '02, § 419; 1896, XXII, 170. 

§ 577. County Superintendents of Education to Apportion School 
Funds Monthly among School Districts. — Within ten days after the 
County Treasurer makes his monthly report to the County Superintendent 
of Education, showing the amount of money collected by him since his last 
monthly report, it shall be the duty of the County Superintendent of Edu- 
cation to apportion the money arising from a tax on property as shown by 
the Treasurer's report among the school districts of his county and to certify 
such apportionment to the County Treasurer, together with the poll tax be- 
longing to each district as shown by said report ; and it shall be the duty of 
the County Treasurer to enter upon his book to the credit of each school 
district the amount due each district according to such certificate of apportion- 
ment, and the County Treasurer shall pay out the money belonging to the re- 
spective districts, upon the school warrants of such districts, duly signed and 
countersigned by the school authorities, for that scholastic year in the order of 
their presentation, provided that there be no outstanding" claims of the previous 
scholastic year ; and the Comptroller General shall receive the warrants thus paid 
as proper vouchers in the hands of the County Treasurer. 

The failure or refusal of a County Superintendent of Education or a County 
Treasurer to comply with the foregoing provisions, or any of them, shall con- 
stitute a misdemeanor, and upon conviction thereof he shall be subject to a fine 
of not more than one hundred dollars, or imprisonment in the county jail for not 
more than thirty days. 

Crim. Code '02, § 420; 1898, XXII, 761. 

§ 578. Treasurer Not to Demand Commission on School Funds. — 

Any County Treasurer who shall demand or receive any commissions for pay- 
ing out the school funds paid out by him from the person charged with receiv- 
ing them, or shall charge any person commission on the same, shall be deemed 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 65 

guilty of a misdemeanor, and on conviction shall be fined not less than fifty 
dollars for each such ofifense or be imprisoned for a period not less than three 
months. 

Crim. Code 1902, § 421; G. S. 2563; R. S. 334; 1876, XVI, 165. 

§ 580. Treasurer to Keep Amount of Poll Tax— Penalty.— The sev- 
eral County Treasurers shall retain all the poll tax collected in their re- 
spective counties ; and it is hereby made the duty of the said County Treas- 
urer, in collecting the poll tax, to keep an account of the exact amount of 
said tax collected in each school district in his county ; and the city of Charles- 
ton, for the purpose of this section, shall be deem.ed a school district, and the 
County Treasurer shall pay over to the City Board of School Commissioners the 
amount of poll tax collected in said city; and the poll tax collected therein shall 
be expended for school purposes in the school district from which it was col- 
lected ; and any violation of this section by the County Treasurer shall constitute, 
and is herebv declared, a misdemeanor, and on conviction thereof the said 
County Treasurer shall pay a fine of not less than five hundred dollars nor more 
than five thousand dollars, to be used for school purposes in the county suffering 
from such violation, or imprisonment, in the discretion of the Court. 

Crim. Code '02, § 423; G. S. 1021; R. S. 336; 1878, XVI, 582. 

§ 581. Treasurer to Report to School Commissioner. — He shall, on 
the fifteenth day of each month, report to the School Commissioner of his 
county the amount of collections and disbursements made by him for the month 
on account of poll tax and all other school funds ; and it shall be a misdemeanor 
on the part of any County Treasurer to neglect, fail or refuse to make such 
report, and on conviction thereof he shall pay a fine of not less than five hun- 
dred dollars, the same to be used for school purposes in the county. 

Crim. Code '02, § 424; G. S. 1022; R. S. 337; 1878, XVI. 584. 

§ 582. Penalty for Neglecting to Report School Funds to Superin- 
tendent of Education. — He shall make out and forward annually to the Su- 
perintendent of Education, on the first day of November, a certified statement 
showing, by school districts, the amount of poll and other school taxes collected 
by him for the fiscal year ending on the 31st day of October next preceding; 
and on failing, neglecting or refusing to make and forward such statement the 
State Superintendent of Education shall make a written complaint to the Cir- 
cuit Solicitor for the county in which the said County Treasurer resides, who 
shall prosecute the said County Treasurer for the same ; and on conviction 
thereof he shall be subject to a fine of five hundred dollars, the same to be used 
for free public school purposes in his County. 

Crim. Code '02, § 425; G. S. 1023; R. S. 338; 1878, XVI, 584. 

§ 583. Auditor to Report Polls, etc. — Penalty. — It shall be the duty 
of each Auditor to state, in a separate column, the school district in which 
the taxpayer resides. At the expiration of the time prescribed by law to 
receive returns he shall make out and forward to the Board of Trustees 
of each school district within his county a correct list of the polls returned 
from their respective districts. When the School Trustees have reported to 
him the names of all persons who have failed or neglected to make returns, 
it shall be his duty to enter upon his books the names of all persons thus 
reported to him, and h.e shall enter the names of said persons upon the tax dupli- 
cate furnished the County Treasurer. And any Auditor failing to comply with 
either or all of the provisions of this section shall be deemed guilty of a mis- 
demeanor, and upon conviction before a Court of competent jurisdiction shall 
be fined in a sum of not more than one hundred dollars or be imprisoned for a 
term not exceeding thirty days. 

Crim. Code '02, § 426; R. S. 339; 1890, XX, 718; 1891, XX, 1049; 1892, XXI, 18. 
—5 



66 GENERAL SCHOOL LAW OP SOUTH CAROLINA. 

§ 58 5. Exercising Office of Examiner or Trustee after Removal. 

— If a member of any County Board of Examiners in any county of this 
State, or a Trustee of any school district, shall attempt to act or discharge 
the duties of either of said offices after he has been removed, or after his suc- 
cessor shall have qualified, he shall be deemed guilty of a misdemeanor, and after 
conviction be punished by a fine of not less than one hundred and one dollars or 
imprisonment for not less than thirty days, or both, at the discretion of the Court. 
Crim. Code '02, § 428; G. S. 1024; R. S. 341; 1878, XVI, 584. 

§ 586. Failure of School Commissioner or County Treasurer to Keep 
"General Cash Account." — The failure of any County School Commissioner 
or any County Treasurer of this State to keep a book of entry, in which shall 
be kept an account known as "general cash account," as required by law, shall 
be deemed a misdemeanor, and on conviction thereof he shall be subject to a 
fine of not less than two hundred dollars or imprisonment in the county jail for 
a period not less than six months. 

Crim. Code '02, § 429; G. S. 342; 1892, XXT, 81. 



Regulations of State Board of Education. 



Rule 1. The Governor shall be Chairman, and the State Superintendent of 
Education Secretary of the Board. 

Rule 2. The Board shall meet at the call of the Chairman, or at the request of 
a majority of its members. 

Rule 3. The Secretary shall keep a record of the actions of the Board in a 
book provided for that purpose, which record shall be the only official record of 
its proceedings. 

Rule 4. The order of business shall be as follows : Calling to order, reading 
of minutes of the previous meeting, unfinished business, reports of Committees, 
report of the Chairman, report of the Secretary, and new business. 

Rule 5. All resolutions shall be reduced to writing by the mover, and likewise 
all amendments. 

Rule 6. A motion must receive a second before it can be entitled to considera- 
tion by the Board. 

Rule 7. The Chairman and Secretary are authorized to fill all vacancies that 
may occur in the County Boards of Education, and to report their action to the 
Board at its meeting for its consideration. 

Rule 8. All vacancies in the office of County Superintendent of Education shall 
be filled by ballot, and a two-thirds vote of the members present shall be neces- 
sary to fill the vacancy. 

Rlxe 9. The following is the general plan for the Teachers' Reading Circle as 
outlined by the State Board of Education : One book on professional reading, 
one book on general professional reading, one book on miscellaneous reading, 
literature and current events. The course shall continue for three years and cer- 
tificates may be renewed from year to year after examination. Teachers who 
have first grade certificates and who pursue this course successfully will be 
granted a ten-year certificate. The Reading Circle examination shall be sent out 
the first Tuesday in December of each year, and all examination papers must be 
filed with the State Superintendent of Education on or before September 1st 
following. 

Rule 10. The Governor and the State Superintendent of Education are em- 
powered to grant State certificates upon the presentation of diplomas from repu- 
table colleges and Universities in other States of as high rank as leading colleges 
of this State. Such certificates to be subject to confirmation by the State Board 
at its next meeting. 

Rule 11. All scholarship examinations shall be held by the County Boards of 
Education, and the faculties of the Institutions in which the applicants seek 
scholarships, shall grade the examination papers of such applicants, except in 
cases where the law otherwise specifies. 

Rule 12. After February, beginning in May, 1903, there shall be two county 
examinations for teachers' certificates each year, to be held in the spring and in 
the fall, and hereafter no teacher shall be employed in the public schools of this 
State who has not registered a certificate in the office of the County Superintend- 
ent of Education and submitted proof thereof to the Board of Trustees em- 
ploying him. 



68 GENERAL SCHOOL LAW OE SOUTH CAROLINA. 

Rule 13. Every applicant for a county certificate shall stand a satisfactory 
written examination before the County Board of Education, on uniform ques- 
tions prepared and furnished by the State Board, the examination to be held in 
all the counties on the same day, or he or she shall present to the County Board 
a full diploma from some reputable chartered college or university of this State, 
whose curriculum, standing, faculty and equipment have been examined and ap- 
proved by the State Board of Education. No certificate shall be issued on a 
diploma showing that the holder has only completed the course of some particu- 
lar department of a school ; the diploma must show that the full college course 
has been completed. 

List of Accredited Colleges. 

University of South Carolina. ' Converse College. 

Wofford College. Columbia College. 

Furman University. College for Women. 

Clemson College. Winthrop College. 

South Carolina Military Academy. Lander Female College. 

Erskine College. - Presbyterian College of South Carolina. 

Newberry College. Due West Female College. 

Greenville Female College. Memminger Normal School. 

Charleston College. Clifford Seminary. 

Chicora College. Coker College. 

Limestone Female College. 

(Colored.) 

Claflin University. Allen University. 

State Colored College. Harbison College. 

Benedict College. Schofield Seminary. 

Avery Normal Institute. Sterling Ind. Institute. 

Friendship Normal and Industrial College. 

Rule 14. Uniform examination questions shall be prepared and furnished by 
the State Board of Education for county examinations. 

Rule 15. There shall be three grades Of Teachers' County Certificates — first 
grade, second grade and third grade — this not to affect any certificate now out- 
standing. 

Rule 16. To obtain a First Grade Teachers' County Certificate, the applicant 
shall stand a written examination on questions prepared and furnished the County 
Board of Education by the State Board, and shall make a general average of not 
less than 80 per cent, and not less than 50 per cent, on any one branch. 

To obtain a Second Grade Teachers" County Certificate, the applicant shall 
stand a written examination on questions prepared and furnished the County 
Board of Education by the State Board, and shall make a general average of not 
less than 70 per cent, and not less than 45 per cent, on any one branch. 

To obtain a Third Grade Teachers' County Certificate, the applicant shall stand 
a written examination on questions prepared and furnished the County Board of 
Education by the State Board, and shall make a general average of not less than 
60 per cent, and not less than 40 per cent, on any one branch. 

The County Board may, in each instance, impose oral tests in reading and 
langaage. In estimating for a second or third grade certificate algebra need not 
be included ; if it would be to the applicant's advantage it may be included. 

Rule 17. No person shall be permitted to take an examination who is not at 
least eighteen years of age, and before taking an examination each applicant shall 



GENERAL SCHOOL LAW OF SOUTH CAROLINA. 69 

satisfactorily pass such oral tests in reading and language as the Board may im- 
pose. 

Rule 18. A First Grade Certificate may be renewed by the County Board from 
which it was issued. If, however, a Teachers' Institute or Summer School is held 
in the County, a First Grade Certificate shall not be renewed unless the holder 
attends the Institute or Summer School, or shows to the State Board of Educa- 
tion some satisfactory reason for not doing so: Provided, The holder has taught 
during the two years for which the certificate was issued. 

A Second Grade Certificate shall not be renewed except where the holder at- 
tends a Teachers' Institute or Summer School, and in such case may be renewed. 

A Third Grade Certificate shall not be renewed. 

Rule 19. The County Board shall issue to each applicant making ihe required 
per cent, a certificate, signed by each member of the Board, and under the seal 
of the office of the County Superintendent of Education of the county, and show- 
ing on its face the per cent, made on each branch and the general average. The 
certificate shall run for two years from its date, and the holder shall be deemed 
competent to teach in the public schools of the county. 

Rule 20. No certificate of qualification shall be granted by any County Board 
under any circumstances to any person who is under eighteen years of age. 

Rule 21, The County Board of one county may recognize a certificate issued 
by the County Board of another county, but in such case they shall register the 
name of the holder, county from which issued, date and number of the certificate, 
and when so registered, it shall have the same force as if issued in that county. 

Rule 22. Each Coimty Board shall keep a register, in which shall be recorded 
the name, age, sex, color and postoffice of each person to whom a certificate is 
granted, and also the date and grade of the certificate. 

Rule 23. Every claim or warrant issued by a Board of Trustees shall be 
signed by at least two members of the Board, and should not be approved by the 
County Superintendent of Education until the Clerk of the Board of Trustees has 
entered it in a book kept for that purpose. 

No pay warrant shall be issued by any Board of Trustees or approved by any 
County Superintendent of Education in favor of any teacher who, after July 1, 
1901. uses in the public schools of this State any text-book to the exclusion of the 
text-book or text-books herein adopted on the same subject, and who has not 
registered in the office of the County Superintendent of Education a certificate 
to teach. 

Rule 24. No teacher shall be employed by the Board of Trustees who is re- 
lated by consanguinity or affinity within the second degree to a member of the 
Board of Trustees or to a principal of a school, without the written approval of 
the County Board of Education, nor shall they employ a teacher holding a cer- 
tificate issued by a County Board of another county until the certificate has been 
duly registered in the office of the County Superintendent of Education of their 
own county. 

Rule 25. No public school supplies shall be purchased by school officers for 
use in the public schools of any county in the State except such as are authorized 
by the State Board to be sold. The venders of all such supplies authorized to be 
sold by this Board shall enter into a written contract with this Board, in which 
the prices of the supplies shall be stated, and copies of the supplies shall be placed 
in the office of the State Superintendent of Education and the supplies sold to the 
schools shall at all times conform to the samples, and the prices shall not exceed 
the prices agreed on. The County Boards may allow or disallow such supplies, 
or any of them, to be sold in their counties. In case they permit the same to be 



70 GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

sold, they shall give the vendor written permission to offer the same to the Trus- 
tees of their counties, the prices of the supplies to be named in the written per- 
mission, leaving the purchase, or not, of such supplies to the good judgment of 
the Boards of Trustees. In case the trustees purchase any of such supplies, they 
may give a warrant against the school fund of their district in payment thereof, 
but in no case shall the County Superintendent of Education cor.ntersign or en- 
dorse any such warrant until the supplies have been delivered ; the County Su- 
perintendent shall hold all such warrants in his possession until the delivery of 
the supplies is made. All persons purchasing any such warrants before the same 
have been countersigned by the County Superintendent of Education, do so at 
their own risk. 

Rule 26. All applications on behalf of universities and colleges for approval of 
course of study by the State Board of Education in order to issue a diploma for 
the degree of Licentiate of Instruction shall be in writing and show the course 
of studies pursued in each year, the number of years required to complete the 
course, the text-books to be used and the number of examinations held each year. 
(Adopted May 5, 1899.) 

The colleges whose courses of study for the Licentiate Degree have been ap- 
proved by the State Board are: May 5, 1899, South Carolina College, Due West 
Female College, Claflin LJniversity, Benedict College; May 4, 1900. the State 
Colored College, Greenville Female College; April 23, 1909, Chicora College. 

Rule; 27. In all cases of appeals from decisions of County Boards notices of 
appeal must be served on the Secretary of the County Board of Education, on 
the Secretary of the State Board of Education, and also on the respondents 
within thirty days from the decision of the County Board, and all testimony, 
records and papers must be on file in the office of the State Superintendent of 
Education at least ten days before the meeting at which the appeal is to be heard. 
In all appeal cases, the Secretary of the State Board of Education shall assign an 
equal length of time for reviewing testimony and argument by appellants and re- 
spondents, and notice of such time assigned shall be accordingly given by the 
Secretary of the State Board. 

Rule 28. County Boards of Education shall require all public school buildings 
to be constructed only upon land owned by the school district. No school building 
shall be aided by funds under the School Improvement Act unless constructed ac- 
cording to plans approved by the State Board of Education, and unless the build- 
ing is found to be of first class material and workmanship, upon inspection by 
the County Superintendent of Education. 

(Note.— Atty. Gen'l Op., 1905, p. 47; 1906, p. 97.) 

Rule 29. State Certificates may be issued to teachers who successfully com- 
plete nine courses at the State Summer School, and County Certificates may be 
issued to those who successfully complete nine courses at the County or District 
Summer Schools. 



High School Regulations. 



RuivE 30. The application for State aid to a high school must be submitted to 
the Secretary of the State High School Board, through the County Superintend- 
ent of Education; applications, in order to receive consideration, must be filed 
prior to September 1st of each year. 

Rule 31. After the application has been received, an inspection and examina- 
tion shall be made of each school and the conditions of each high school district 
by a high school inspector. If such inspector makes a favorable report, the school 
may be received by the Chairman and Secretary of the High School Board, sub- 
ject to the approval of the said Board, and the aid shall then be disbursed as pro- 
vided in the High School Law and regulations of the State High School Board. 

Rule 32. The high school inspector, or inspectors, shall also make an annual 
inspection of each school, and any school may be dropped from the list of those 
receiving State aid whenever such school falls below the requirements of the 
High School Law and regulations of the State High School Board; State aid 
may be withheld from any high school whenever it becomes evident to the said 
Board that the teaching in said school is inefficient. The local High School Board 
shall receive at least two months' notice before the withdrawal of aid. 

Rule 33. For a high school to receive State aid there must be at least two 
teachers devoting all their time to high school teaching: Provided, That if a 
high school has in it but two teachers, one of whom is the supervising principal 
of the common school department, four hours a day actual teaching in the high 
school department by him shall be accepted as full time, but he shall do no regu- 
lar teaching below the high school. 

Rule 34. Section 7 of the High School Law provides for aid to be given a 
rural high school or a village high school with fifteen high school pupils and one 
high school teacher. 

Rltle 35. No aid shall be given to a one-teacher high school unless the com- 
mon school department has in it at least two teachers giving full time to teaching 
in the common school department. A two-teacher high school must have at least 
tliree teachers giving full time to teaching in the com.mon school department. 
(The music teacher will not be counted as one of the teachers in the common 
school, unless music is a regular school subject given without charge for tuition.) 

Rule 36. No aid shall be given a high school unless all the teachers in that de- 
partment hold first grade certificates for teaching. The teachers in the common 
school department must have certificates. The employment of any teacher with- 
out a certificate forfeits the school's right to State aid. 

Rule 37. High schools receiving aid shall continue in session at least thirty- 
two weeks in each scholastic year. 

Rule 38. No high school recitation periods of less time than thirty minutes 
will be accepted : ProTided, That a recitation period in a one-teacher high school 
may be as short as twenty minutes. 

Rule 39. Nothing less than the course of study adopted by the State Board of 
Education for high schools, or its equivalent, will be accepted as high school work. 
The high school course of study issued by the State Board of Education may be 
used without following the order as laid down in that course. 



-/l GENERAL SCHOOL LAW OF SOUTH CAROLINA. 

Rule 40. State aid will not be given toward making permanent improvements, 
such as buildings, seats, heating and other equipment. 

RuiE 41. State aid will be given to a high school only when such aid goes to- 
ward increasing the efficiency of the school beyctnd what it was immediately pre- 
vious to receiving the first appropriation. No aid \\\\\ be given to a high school 
if such aid be used to decrease the amount of local support to the high school de- 
partment. Improvements, such as increase in the teaching time given in the 
high school, additional courses of study, lengthening the course of study and in- 
crease in the high school salaries, will count as increased efficiency. 

Rlxe 42. Xo aid will be given any high school unless said high school is 
taught in a safe and comfortable "building. 

Rule 43. No appropriation to any high school shall be paid until the school has 
been reported on favorably by an mspector. 

Rule; 44. Except for extraordinary reasons, no two high schools shall be es- 
tablished less than i\\Q. miles apart 

Rule 45. When the high schools in any county shall have qualified for the 
maximum appropriation for that coimty ($3,000.00) no additional schools shall 
be accepted for that year. 

Rule 46. Appropriations for the scholastic year 1909-1910 shall be as follows: 

To a one-teacher high school, one-half the salary of the high school teacher, up 
to $300.00 on the part of the State. 

To a high school w'ith the full time of one high school teacher and part time of 
a second high school teacher, one-half of the salary of the full teacher, up to 
$300.00 on the part of the State; and the same for the second teacher, pro rata 
according to teaching time in the high school and the salary paid. 

To a two-teacher high school, the full salary of the lower salaried high school 
teichcr, up to S55.00 per month on the part of the State. 

To a high school of three teachers or more, the full salary of the lowest sal- 
aried high school teacher, up to $55.00 per month on the part of the State. One 
hundred dollars additional will be given to such high school as receives a credit 
of 12 standard units: Provided, The highest grade shall have as many as three 
regular pupils ; and a second one hundred dollars additional to such high school 
as receives a credit of 14 standard units : Provided, The highest grade shall have 
as many as three regular pupils. 

Rule 47. The State Board accepts each high school on the showing made by 
it in its application for State aid. Wherevet any school fails to meet the conditions 
set forth in its application, the State Board will scale the appropriation in propor- 
tion to the school's failure. 

Rule 48. When the actual attendance in any State aided high school falls be- 
low the required enrollment as long as one school month, the appropriation will 
be scaled in proportion to the reduced attendance, and for such time as the at- 
tendance remains below the required enrollment. 

Rule 49. No State aid will be given any high school when the total high school 
salaries exclusive of State aid exceed the total common school salaries. (The 
music teacher's salary will not be counted in the common school salaries, unless 
music is a regular school subject given without charge for tuition.) 



Extension Regulations. 



Rule 50. Regular school funds are poll tax, three-mill tax, Dispensary profits, 
and dog tax. 

Rule 51. No district having sufficient regular school funds to run the schools 
of the district 100 days shall receive aid under this Act. 

Rule 52. No aid shall be given any district until all the regular school funds 
have been expended, either by contract or by actual outlay. 

Rule 53. No district shall receive more than $100 from the State, nor more 
than the amount raised by special tax. 

Rule 54. No district shall receive aid from the State unless each teacher, em- 
ployed in the district, holds a certificate which has been registered in the office 
of the County Superintendent of Education. 

Rule 55. Every application shall be signed by the chairman, or the clerk of 
the Board of Trustees, and by the County Superintendent of Education, and shall 
be accompanied by a certificate from the County Auditor, showing the amount of 
special tax levied on the property of the district. 

Rule 56. The State Superintendent of Education shall forward the amount 
appropriated to any district to the County Treasurer to be placed to the credit of 
the district. 

Rule 57. No application shall be honored unless it reaches the office of the 
State Superintendent of Education, on or before November 15. 

Rule 58. All money secured under this Act, during any scholastic year, shall 
be expended prior to the beginning of the new school year, July 1st, and shall be 
paid out only on the warrant of the Trustees, approved b}- the County Superin- 
tendent of Education. 

Rt%e 59. The State Superintendent of Education may refuse any application 
which, in his judgment, would not increase the efficiency of the free public 
schocis : Provided, That such refusal be subject to the review and approval of 
the State Board of Education. 



INDEX. 



ABBEVILLE 

Salary of County Superintendent in, § 
1728. 

ACCOUNTS 

Crime not to keep general cash account, 
§ 586. 

Filing of County Superintendent's ac- 
count, § 1728. 

Itemized account, § 1728. 

Itemized account of travelling ex- 
penses of State Superintendent of 
Education, § 1698. 

Of claims approved by County Super- 
intendent, § 1724. 

Of expenses of County Board of Edu- 
cation, § 1728. 

Verification of County Superintendent's 
account, § 1728. 

ACCREDITED COLLEGES, LIST OF 

University of South Carolina, Wofford 
College, Furman University, Clemson 
College, South Carolina Military 
Academy, Erskine College, New- 
berry College, Greenville Female Col- 
lege, Charleston College, Chicora 
College, Limestone Female College, 
Converse College, Columbia College, 
College for Women, Winthrop Col- 
lege, Lander Female College, Pres- 
byterian College of South Carolina, 
Due West Female College, Mem- 
minger Normal School, Clifford Semi- 
nary, Coker College. Colored: Cla- 
flin University, State Colored Col- 
lege, Benedict College, Avery Nor- 
mal Institute, Allen University, Har- 
bison College, Schofield Seminary, 
Sterling Ind. Institute. Friendship 
Normal and Industrial College, p. 68. 

ADJOURNMENT 

< )f Trustees' meetings, § 1754. 
ADMINISTRATION 

Of school laws, § 1736. 
ADVISORY BOARD 

Powers of, § 1736. 

To County Superintendent, § 1736. 

AFFIDAVIT 

To claim for expenses, § 1728. 
AGE 

See "Pupils." 
Of applicant for examination. Rule 17, 

p. 68. 
Of holder of certificate, Rule 20, p. 69. 

AGENTS 

Crimes by School Book Agents, § 576. 



AGRICULTURAL COLLEGE 

See "Clemson Agricultural College." 
Maintenance of, § 8. 
Support of by sale of landscript, § 8. 

AGRICULTURAL CONVENTIONS 

See "Clemson Agricultural College." 

AGRICULTURE 

See "High School." 

AGRICULTURE, DEPARTMENT OF 

Abolition, § 1897. 

AID 

See "School Districts." 
Amount of State aid, Rule 53, p. 73. 
Applications for, Rule 55, p. 73. 
Applications for State aid, § 1835i. 
Application for State aid to high school, 

Rule, 30, p. 71. 
As dependent on regular school funds, 

Rule 52, p. 73. 
Condition of building as effected by, 

Rule 42, p. 72. 
Construction of school buildings, § 

1763; Rule 28, p. 70. 
Distribution of State aid, § 1835h._ 
District receiving must have certified 

teachers. Rule 54, p. 73. 
Expenditure of, Rule 58, p. 73. 
Forfeiture of right to State aid, Rule 

36, p. 71. 

For permanent improvements. Rule 40, 
p. 72. 

High school must have two teachers to 
receive, Rule 33, p. 71. 

Honoring applications for. Rule 57, p. 
73. 

Inspection before granted, Rule 31, 
p. 71. 

One-teacher high school, Rule 35, p. 71. 

Qualification of teachers, Rule 36, p. 71. 

Refusal of application for. Rule 59, 
p. 73. 

Review of decision refusing applica- 
tion, Rule 59, p. 73. 

Rural high schools. Rule 34, p. 71. 

Session of high school receiving, Rule 

37, p. 71. 

State aid must increase efficiency of 

school, Rule 41, p. 72. 
State aid to high school. Rule 30, p. 71. 
State aid to high school as effected by 

salaries. Rule 49, p. 72. 
Two-teacher high school. Rule 35, p. 71. 
Village high schools. Rule 34, p. 71. 
Withholding high school aid, Rule 32, 

p. 71. 



76 



INDEX 



ALCOHOL 

See "Curriculum." 
Text-books on, § 1733. 

ALCOHOLIC DRINKS 

See "Curriculum." 

ALGEBRA 

Examination on, Rule 16, p. 68. 

ALLEN UNIVERSITY 

Accredited college, Rule 13, p. 68. 

ANNUITY 

See "Retirement Fund." 

APPARATUS, § 1699. 

APPEALS 

See "State Board of Education." 
Filing records and papers, Rule 27, 

p. 70. 
From decisions of County Board, Rule 

27, p. 70. 
From decision of State Superintendent 

refusing State aid, Rule 59, p. 73. 
Limitations, Rule 27, p. 70.. 
Service of appeals, Rule 27, p. 70. 
To State Board of Education, § 1736. 

APPLICANTS 

See "Pupils." 

APPLICATIONS 

For approval of course- of study, Rule 

26, p. 70. 
For State aid. Rule 55, p. 73; Rule 57, 

p. 73; Rule 59, p. 73. 
For State aid to High School, Rules 30, 

31, p. 71. 

APPORTIONMENT 

By County Board of Education, § 1716. 
Of additional tax in case of deficiency, 

§ 6. 
Of dispensary fund, § 1835j. 
Of funds among school districts, § 577. 
Of pupils, § 1735. 
Of school tax, §§ 6, 1735. 

APPROPRIATIONS 

Amount of to high school, Rule 46, 

p. 72. 
Application for, to increase school 

term, § 1789. 
For Deaf, Dumb and Blind Institute, 

§§ 1923, 1925. 
For enlargement of library, § 1803. 
For free library, § 1801. 
For high schools, § 1834. 
For library, § 1797. 
Forwarding amount to school district, 

Rule 56, p. 73. 
Maximum appropriation to high school. 

Rule 45, p. 72. 
Rural school district entitled to, §§ 

1835c, 1835d. 
Scaling appropriations to high schools. 

Rule 47, p. 72; Rule 48, p. 72. 



APPROPRIATIONS— Continued. 

To aid libraries, § 1796. 

To high school. Rule 43, p. 72. " 

To increase school terms. §§ 1783, 1784, 

1785, 1786. 1788, 1789. 
To rural schools, § 1835b. 

ARBOR DAY 

See "Holidays." 

ATHEIST 

See "University of South Carolina." 

ATTORNEY GENERAL 

Approval of publisher's bonds, § 1708. 

AVERY NORMAL INSTITUTE 

Accredited college. Rule 13, p. 68. 

AWARD OF SCHOLARSHIPS 

See "Scholarships." 

BALLOTS 

See "Elections." 

BANKS 

Deposit of bonds in, § 1749. 

BENEDICT COLLEGE 

Accredited college, Rule 13, p. 68. 

BENEFICIARIES 

Of retirement fund, § 1819. 

BENEFICIARY CADETS 

See "The Citadel." 

BENEFICIARY SCHOLARSHIP 

See "Scholarships." 

BEQUESTS 

For educational purposes, § 1702. 

BIDS 

For printing, § 1791. 

BIRTHDAYS 

See "Holidays." 

BLANK CERTIFICATES, § 1699. 
BLANK FORMS 

See "Forms." 

BLIND — INSTITUTION FOR EDU- 
CATION OF 

See "Deaf, Dumb and Blind Insti- 
tute." 

BOARD OF COMMISSIONERS 

See "Deaf, Dumb and Blind Insti- 
tute." 
Dutj' to levy tax, § 6. 
Taxation, § 6. 

BOARD OF EDUCATION 

See "State Board of Education." 
BOARD OF HEALTH 

Duty to inspect schools, § 1598. 



INDEX 



77 



BOARD OF TRUSTEES 

See "School Trustees;" "University 
of South Carolina." 

BONDS 

Book publishers, § 1708. 

Cancellation of beneficiary of cadet's 
bond, § 1868. 

Coupons receivable for taxes, § 1746. 

Deposit of, § 1748. 

Election for issuance of, § 1744. 

Exempt from taxation, § 1751. 

Issuance by school districts, § 1743. 

Issuance of school bonds, § 5. 

Lien on school bonds, § 1746. 

Liquidation of, § 5. 

Of beneficiary cadets, § 1866. 

Of County Superintendent of Educa- 
tion, § 1717. 

Of State Superintendent of Education, 
§ 1698. 

Of successful bidder for printing, § 
1791. 

Payment of proceeds of, § 1748. 

Rate of interest on, § 1749. 

Receipt for by County Treasurer, § 
1748. 

Sale of school bonds, § 1746. 

Signature of, § 1747. 

BOOKS 

See "Text-Books." 

Inspection of, § 1900. 

Of Board of Trustees of Clemson Col- 
lege, § 1900. 

Of secretary of special school districts, 
§ 1752. 

Of treasurer of special school districts, 
§ 1752. 

Selection of for library, § 1798. 

BORROWING 

Power of officers as to, § 1806. 

BOUNDARIES 

Of school districts, § 1738. 

BROWN CONSOLS 

See "Investments." 

BUILDINGS 

Aid in Construction of 

Approval of County Board of Educa- 
tion, § 1766. 
County Board of Education, § 1763. 
How funds paid out, § 1767. 
Plans and specifications, § 1765. 
Preference to consolidated school 
districts, § 1764. 
Construction of. Rule 38, p. 70; § 1762. 
Form of construction "of, § 1763. 

BUILDINGS 

See "Aid." 
CAPITATION TAX 
See "Poll Tax." 
On dogs, § 1790. 
CERTIFICATES 

Age qualification. Rule 20, p. 69. 



CERTIFICATES— Continued. 

Applicants for county certificates. Rule 

13, p. 68. 
As governing right to State aid. Rule 

54, p. 73. 
As to duty of State Superintendent of« 

Schools to furnish blank certificates, 

§ 1699. 
Conditions of high school aid, Rule 36, 

p. 71. 
County certificates, Rule 29, p. 70. 
Discounting teachers" pay certificates, 

§ 575. 
Examination for teachers' certificates, 

Rule 12, p. 67. 
Extra-territorial effect of. Rule 21, p. 

69. 
First grade teachers' certificate. Rule 

16, p. 68. 
Grade of teachers' count}- certificates. 

Rule 15, p. 68. 
Grant of State certificates. Rule 10, 

p. 67. 
Issuance of teachers' certificate, Rule 

19, p. 69. 
Life of. Rule 19, p. 69. 
Of qualification of teachers, § 2. 
Penalties to discount, § 1776. 
Qualification of holder. Rule 20, p. 69. 
Registration of. Rule 23, p. 69. 
Renewal of first grade certificate. Rule 

18, p. 69. 
Renewal of second grade certificate. 

Rule 18, p. 69. 
Renewal of teachers' certificate, § 1730. 
Renewal of third grade certificate. Rule 

18, p. 69. 
Right of holder of certificate, Rule 19, 

p. 69. 
Seal, Rule 19, p. 69. 
Second grade teachers' certificate. Rule 

16, p. 68. 
Signature, Rule 19, p. 69. 
State certificates. Rule 29, p. 70. 
Teachers' certificates from County 

Board of Education, § 1730. 
Third grade teachers' certificate. Rule 

16. p. 68. 
Upon presentation of foreign diplomas, 

Rule 10, p. 67. 
Validity of, issued by County Board of 

another county, Rule 24, p. 69. 

CERTIFIED COPIES 

Admissibility in evidence, § 1699. 
CHAIRMAN 

See "School Board." 
CHARITIES 

For educational purposes, § 1702. 
CHARLESTON 

See "County Superintendent of Edu- 
cation;" "Retirement Fund." 

CHARLESTON COLLEGE 

Accredited college, Rule 13, p. 68. 
CHARLESTON COUNTY 

See "School Funds." 
County Superintendent of, § 1812. 



78 



INDEX 



CHARTS, § 1699. 
CHESTER 

Salary of County Superintendent in, § 
1728. 

CHICORA COLLEGE 

Accredited College, Rule 13, p. 68. 
CHRISTMAS DAY 

See "Colleges and Universities;" 
"Holidays." 

CHURCH SCHOOLS, § 9. 
CITADEL 

See "The Citadel." 

CLAFLIN COLLEGE 

Management and control of property, 
§ 1880. 

Provision for professors and instruct- 
ors of, § 8. 

Separation from Claflin University, § 8. 

CLAFLIN UNIVERSITY 

Accredited college, Rule 13, p. 68. 
Separation of from Claflin College, § 8. 

CLAIMS 
Against School Funds 

Affidavit to claim, § 1758. 

Approval of claim, § 1758. 

Oath of claimant, § 1758. 

Signature of claim, § 1758. 

Subscription of claim by claimant, § 
1758. 
Approval of. Rule 33, p. 69. 
Approved claims, § 1724. 
Borrowing money to pay, § 1806. 
Establishment of, § 1805. 
Fund for payment of, § 1805. 
Proof of, § 1805. 
Reserve fund to pay, § 1807. 
Rights of unpaid claimants, § 1805. 
Signature of. Rule 23, p. 69. 

CLEMSON AGRICULTURAL COL- 
LEGE 

Acceptance of Clemson devise and be- 
quest, § 1886. 

Accredited college. Rule 13, p. 68. 

Age limit on scholarships in, § 1714f. 

Agricultural experiment station, § 1895. 

Appointment to scholarships in, § 
1714g. 

Area of, § 1907. 

Basis for award of scholarships in, § 
1714d. 

Beneficiary scholarships, §§ 1714b, 
1714c. 

Board of Trustees 

Compensation of, §§ 1888, 1899. 
Election of, § 1888. 
Expenses of, § 1899. 
Incorporation of, § 1889. 
Meeting of board, § 1899. 
Name and style of, § 1889. 

Powers and Duties 

Annual report, §§ 1891, 1912. 



CLEMSON AGRICULTURAL COL- 
LEGE— Continued. 

Establishment of experimental 
station, § 1896. 

Expenditure of appropriations, § 
1890. 

Former Commissioner of Agricul- 
ture, § 1898. 

Former Department of Agricul- 
ture, § 1898. 

Immigration, § 1900. 

Incidental powers, § 1889. 

Investment of funds, § 1889. 

Perpetual control and direction of 
its affairs, § 1908. 

Phosphatic deposits, § 1898. 

Reinvestment, § 1890. 

Sale of commercial fertilizers, § 
1900. 

Sale of property, § 1890. 

Successors in office, § 1908. 

To acquire and hold property, § 
1889. 

To appoint constable, § 1910. 

To appoint inspector of fertilizers, 
§ 1900. 

To appoint police magistrate, § 
1908. 

To collect samples of fertilizers, § 
1900. 

To conduct farmers' institutes, § 
1900. 

To contract, § 1889. 

To co-operate with United States 
Commissioner of Agriculture, § 
1900. 

To declare professorship, § 1888. 

To elect professors, § 1888. 

To employ help, § 1888. 

To establish quarantine against 
contagious diseases to animals, § 
1900. 

To fix salaries, § 1888 

To furnish blanks for statistics, § 
1900. 

To govern college, § 1888. 

To grant free tuition, § 1888. 

To guard against contagious dis- 
eases to animals, § 1900. 

To hold agricultural conventions, 
§ 1900. 

To introduce foreign capital, § 1900. 

To investigate improvement in ag- 
riculture, § 1900. 

To issue blanks for collection of 
statistics, § 1900. 

To keep books of registry, § 1900. 

To kill infected animals, § 1900. 

To levy or collect tax, § 1911. 

To license or prohibit sale of 
goods, § 1909. 

To list names of laborers desiring 
employment, § 1900. 

To make rules for maintenance of 
order and punishment of of- 
fenses, § 1908. 

To make rules to guide veterina- 
rian, § 1900. 

To prescribe course of study, § 
1888. 



INDEX 



79 



CLEMSON AGRICULTURAL COL- 
LEGE — Continued. 

To receive and distribute seeds, 

etc., § 1900. 
To regulate returns of county ag- 
ricultural society, § 1900. 
To sell property, § 1889. 
To sue and be sued, § 1889. 
To use funds for conventions and 
farmers' institutes, § 1900. 

President of Board, § 1888. 

Seal of, § 1889. 

Secretary of Board, § 1888. 

Suits by and against, § 1889. 

Term of office of, § 1888. 

Title to Hatch Fund, § 1895. 

Title to Land Scrip Fund, § 1894. 

Use of privilege tax on fertilizers, § 
1906. 
Creation of, § 1907. 
Curriculum of, § 1887. 
Date of examination for scholarships, 

§ 1710. 
Dispensary of Calhoun prohibited, § 

1907. 
Establishment of, § 1887. 
Experimental station, 8 1896. 
Gifts, devises and bequests to, § 1889. 
Investment of bequests, § 1892. 
Investment of Clemson Bequest, § 

1893. 
Location of, § 1887. 
Maintenance of, § 8. 
Management and control of, § 1888. 
May construct railroads, § 1900. 
May maintain tramways, macadam and 

electric roads, § 1903. 
Name of, § 1887. 

Payment of scholarships, § 1714h. 
Police magistrate, § 1908. 
Powders and duties of veterinarian, §§ 

19.04, 1905. 
Povi^er to lease railroad, § 1902. 
Right to Hatch Fund, § 1895. 
Right to privilege tax on fertilizers, § 

1906. 
Right to Public Land Fund, § 1885. 
Scholarships, §§ 8, 1709, 1913, 1917. 
Scholarships at large, § 1714e. 
Term of scholarships in, § 1714h. 
To detail scientific agriculturist to visit 

coast section of State, § 1900. 

CLEMSON BEQUEST 

See "Clemson Agricultural College." 
CLERK 
Duties 

Notification to members, § 1752. 
To record proceedings of Board, § 
1752. 
• Minutes of proceedings; § 1752. 
Of Board of Trustees, § 1752. 
Duty on receiving teachers' report, § 

1757. 
Filing teachers' report, § 1757. 
Order on County Treasurer, § 1757. 
Of State Superintendent of Education, 

§ 1701. 
Salary of, § 1701. 

CLIFFORD SEMINARY 

Accredited College, Rule 13, p. 68. 



CLOSE 

Closing schools to prevent spread of 
diseases, § 1598. 

COKER COLLEGE 

Accredited College, Rule 13, p. 68. 

COLLECTION 

Of school moneys, § 4. 

COLLEGE FOR WOMEN 

Accredited College, Rule 3 3, p. 68. 

COLLEGES 

See "Colleges and Universities." 

COLLEGES AND UNIVERSITIES 

See "Clemson Agricultural College;" 
"The Citadel;" "University of 
South Carolina;" "Winthrop Nor- 
mal and Industrial College." 

Auditors 

Report of free students, § 1842. 
Beneficiary Students 

Duty to teach, § 1840. 

Report of names of, § 1841. 
Board of Trustees, § 1836. 

Certificate 

First grade certificate, § 1837. 
Christmas Day, § 1839. 
Clemson College to make and sell 

flags, § 1845. 

Colored Normal, Agricultural and Me- 
chanical College 

Location of, § 1836. 

Degree of licentiate, § 1837. 

Diploma, § 1837. 

Duty of beneficiary students to teach, 
§ 1840. 

Enumeration of colleges and universi- 
ties, § 1836. 

Exemption 

Of holders of scholarships, § 1840. 
Flags, §§ 1843, 1844. 
Greek Letter Fraternities Prohibited, § 

1838. 
Holidays, § 1839. 

Licentiate of instruction, § 1837. 
Literary societies, § 1838. 

Military College 

Location of, § 1836. 
New^ Year's Day, § 1839. 
Pay students, § 1841. 
Report of authorities of, § 1841. 

Scholarships 

Exemption of holders from duty to 
teach, § 1840. 
Scholarship students, § 1841. 

Teachers 

First grade teacher's certificate, § 
1837. 

The Citadel 

Location of, § 1836. 
Tuition, § 1842. 



80 



INDEX 



COLLEGES AND UNIVERSITIES— 

Continued. 
University of South Carolina 

Location of, § 1836. 
Visitors, § 1836. 

Winthrop Normal and Industrial Col- 
lege 

Location of, § 1836. 

COLORED 

See "Negroes." 

COLORED ACCREDITED COL- 
LEGES 

See "Accredited Colleges." And see, 
p. 68. 

COLORED NORMAL, INDUSTRIAL, 
AGRICULTURAL AND MECHAN- 
ICAL COLLEGE, § 8. 

COLORED PUPILS 

Separation of in schools, § 7. 

COLUMBIA COLLEGE 

Accredited college, Rule 13, p. 68. 

COMMISSIONER OF AGRICUL- 
TURE 

See "Clemson College." 
Abolition of, § 1897. 

COMMISSIONERS 

See "School Commissioners." 

COMMISSIONS 

See "County Treasurer." 
Crime for County Treasurer to re- 
ceive, § 578. 

COMPENSATION 

Of Board of Commissioners of Deaf, 

Dumb and Blind Institute, § 1922. 
Of County Treasurers, § 4. 

Of School Officers 

Power to define, § 3. 
Of State Superintendent of Education, 
§ 1698. 

COMPETITIVE EXAMINATIONS 

See "Scholarships." 

COMPTROLLER-GENERAL 
Duties 

Distribution of dispensary fund, § 
1835J. 
Duty to receive warrants, § 577. 
Levy of tax by, § 6. 

Powers 

To draw warrants for high school 
appropriation, § 1834. 
Settlement by County Treasurer with, 

§ 1720. 
\\'arrant for School Fund. § 1835k. 

CONSOLIDATED SCHOOL DIS- 
TRICTS 

See "School Districts." 



CONSTABLE 

Of Clemson Agricultural College, § 
1910. 

CONSTITUTIONAL PROVISIONS, 

§§ 1-12. 

CONSTRUCTION 

Of school laws, § 1736. 

CONTAGIOUS DISEASES 

Prevention of spread of, §§ 1598, 1607. 
Regulation to prevent, § 1900. 
Veterinarian of Clemson College, § 
1904. 

CONTRACTS 

By County Board of Education, § 1738. 

CONVENTIONS 

Agricultural conventions, § 1900. 

CONVERSE COLLEGE 

Accredited college. Rule 13, p. 68. 

COST 

Of text-books, § 1793. 

COUNTRY SCHOOLS 

Appropriation for, § 1835b. 

COUNTY AUDITOR 

Crime to discount teachers' certificate, 
§ 575. 

Duty of 

As to tax returns, § 1768. 

Duty to report polls, § 583. 

Duty to return statistical blanks, § 
1900. 

Penalties to discount teachers' pay cer- 
tificate, § 1776. 

Report of names listed for poll tax, § 
1769. 

COUNTY BOARD OF COMMIS- 
SIONERS 

Duties 

To furnish County Superintendent 
with seal, § 1727. 

To furnish officers, etc., § 1723. 

To levy tax, § 6. 
Payment of traveling expenses, § 1730. 
Taxation, § 6. 

COUNTY BOARD OF EDUCATION 

Additional meeting, § 1737. 

Advisory Board, § 1736. 

Appeal from decision of. Rule 27, p. 

70; § 1707. 
Application to borrow money, § 1806. 
Appointment of, § 1729. 
Appointment of School Trustees, § 

1752. 
Apportionment by, § 1716. 
Appropriation for library, § 1797. 
approval of bond of School Trustees, 

§ 1702. 
Approval of bookcase for library, § 

1796. 



INDEX 



81 



COUNTY BOARD OF EDUCATION 

— Continued. 
Certifying list of pupils to, § 1715. 
Chairman of Board, § 1737. 
Clerk of Board. § 1737. 
Compensation, § 1730. 
Composition of Board, § 1729. 
Consent to sale of school property, § 

1755. 
Crimes and penalties, § 1776. 
Crime to discount teachers' certificate, 

§ 575. 
Duties 

Appropriation for libraries, § 1796. 

Appropriation from enlargement of 
library, § 1803. 

Construction of buildings, Rule 28, 
p. 70. 

Preference to school districts, § 1764. 

To examine applicants to teach, § 
1730. 

To furnish teachers' certificates, § 
1730. 

To hold scholarship examinations. 
Rule 11, p. 67. 

To prescribe curriculum, § 1731. 

To prescribe school districts, § 1738. 

To regulate school terms, § 1777. 
Establishment of separate school dis- 
tricts. § 1750. 
Examination for graded certificates, 

Rule 16, p. 68. 
Exemptions from militia duty, § 1779. 
Fuel, lights, officers, etc., § 1723. 
Issuance of certificate. Rule 19, p. 69. 
Levy of annual tax, § 1735. 
Meetings of, § 1737. 
Minutes of meetings, § 1737. 
Ordering election, § 1752. 
Payment of expenses of county super- 
intendent, § 1728. 
Powers of 

Charleston County, § 1793. 

Chesterfield County. § 1793. 

Construction of school building, § 
. 1762. 

Edgefield County, § 1793. 

Greenwood County, § 1793. 

In general, § 1762. 

Kershaw County. § 1793. 

Lancaster County, § 1793. 

Laurens County, § 1793. 

Lexington County, § 1793. 

Purchase of school supplies. Rule 25, 
p. 69. 

Revocation of teachers' certificates, 
§ 1737. 

Richland County, § 1793. 

To contract, § 1738. • 

To create reserve fund, § 1807. 

To expend school funds for text- 
books, § 1793. 

To fill vacancies in Board of Trus- 
tees, § 1752. 

Use for school fund, § 18351. 
Qualification of. § 1729. 
Recognition of certificates from an- 
other county. Rule 21, p. 69. 
Register of, Rules 21, 22, p. 69. 



COUNTY BOARD OF EDUCATIOI^ 

— Continued. 
Removal of members of, § 1729. 
Scholarship examinations. Rule 11, 

p. 67. 
Supervision of school districts, § 1740. 
Supervision of School Trustees, § 1753, 
Term of office of, § 1729. 
Time of meetings, § 1737. 
Vacancies in, Rule 7, p. 67. 
Warrants of for school funds, § 1767. 

COUNTY BOARD OF EXAMINERS 

Crimes by, § 585. 

COUNTY CERTIFICATES 

See "Certificates." 

COUNTY SCHOOL COMMIS- 
SIONER 

Must keep general cash account. § 58G. 

COUNTY SUPERINTENDENT OF 
EDUCATION 

Account of high school fund, § 1832. 
Administering oaths, § 1758. 
Advisory Board, § 1736. 

Annual Report 

Contents of, § 1721. 

Filing, § 1722. 

Inspection of, by citizens, § 1722. 

Submission of to grand jury, § 1721. 
Approval of school warrants, § 1759. 
Approval of teachers' report, § 1757. 
Approval of warrants for State aid, 

Rule 58, p. 73. 

Bond of 

Amount of bond, § 1717. 

Approval of, § 1717. 

Conditions of, § 1717. 

Superintendent for Saluda County, § 
1717. 

Sureties on, § 1717. 
Claims for services and expenses, § 

1728. 
Commission, § 1717. 

Competitive examination for scholar- 
ships, § 1711. 
Countersigning order on funds, § 1773. 
Countersigning warrants, § 1742; Rule 

25, p. 70. 
Crimes as to apportionment of school 

funds, § 577. 
Deposit of library fund, § 1797. 
Duties 

Accounts with book depository, § 
1795. 

Apportionment of school funds, § 
577. 

Charleston County. § 1812. 

Distribution of State aid, § 1835h. 

To aid teachers in improving them- 
selves in their profession, § 1719. 

To apportion school funds, § 1720. 

To ascertain character and condition 
of each school, § 1719. 

To attend annual settlement of 
County Treasurer, § 1720. 



82 



IXDEX 



COUNTY SUPERINTENDENT OF 
EDUCATION— Continued. 

To follow direction of State Superin- 
tendent. § 1725. 
To furnish copies of reports to 

school districts, § 1726. 
To furnish itemized statement of ex- 
penses, § 1728. 
To keep office open for purchaser of 

school books, § 1793. 
To keep register of claims approved, 

§ 1725. 
To make suggestions to Board of 

Trustees, § 1719. 
To make suggestions to teachers, § 

1719. 
To note character and conditions of 

schoolhouses, § 1719. 
To note deficiencies in classification 

of pupils, § 1719. 
To note deficiencies in government 

of school, § 1719. 
To note deficiencies in methods of 

instruction, § 1719. 
To note the course and method of 

instruction, § 1719. 
To recommend method of instruc- 
tion, § 1719. 
To seal papers issued by officers, § 

1727. 
To sign papers, § 1727. 
To visit .chools, § 1719. 
Warrant for purchase of books, § 
1719. 
Election of, § 1717. 
Exoenses of, § 1728. 
Filling vacancies in office, § 1718. 
Limit on expenses. § 1728. 
Oath of office, § 1717. 
Powers 

Over reserve fund, §, 1808. 
Selection of depository, § 1795. 
Superintendent of Charleston County, 

§ 1812. 
To create reserve fund, § 1807. 
Report of claims approved, § 1724. 
Salary 

Amount of, § 1728. 

Certificate for payment of, § 1835a. 
Superintendent of Charleston County, 
§ 1812. 
Seal of, § 1727. 

Signing teachers' report, § 1757. 
Term of office, §§ 1717, 1835a. 
Time for qualification, § 1717. 
Vacancies in office of. Rule 8, p. 67. 

COUNTY SUPERVISORS 
Powers 

To borrow money, § 1806. 

COUNTY TREASURER 

Accounts of claims approved, § 1724. 
Account of high school fund, § 1832. 
Commission on disbursement, § 1806. 
Compensation, § 4. 

Compensation for collecting and dis- 
bursing school moneys, § 4. 
Crimes by, § 1770. 



COUNTY TREASURER— Continued. 
Crimes by, as to poll tax, § 580. 
Crimes as to apportionment of school 

funds, § 577. 
Crimes to discount teachers" certificate, 
§ 575. 

Deposit 

Approved Bank, § 1749. 
Change of place of, § 1749. 

Depository of bonds, § 1748. 

Disbursement of funds, § 1773. 

Disl)ursement of funds to school dis- 
tricts, § 1720. 

Duties 

Report of persons paying poll tax, 
• § 1771. 

Report of taxes to State Superin- 
tendent, § 1774. 
Report of unexpended balances, § 

1775. 
To credit school districts with ap- 
portionment, § 577. 
To keep account of poll tax collected, 

§ 1770. 
To pay school warrants, § 1759. 
To report to School Commissioner 

as to poll tax, § 581. 
Unexpended balances, § '1775. 
How funds disbursed, § 1773. 
Monthly report of. § 1720. 
Monthly reports to County Superin- 
tendent, § 1772. 
Must keep general cash account, § 

586. 
Penalties to discount teachers' pay 
certificate, § 1776. 

Penalty 

For failing to make tax report, § 

1774. 
For failing to report, § 1772. 

Powers 

To borrow money, 1806. 

To pay school claims, § 1805. 
Receipt of for bonds, § 1748. 
Retention of poll tax, § 1770. 

COURTS 

School courts, § 1736. 

COUPON BONDS 

Issuance l)y school district, § 1743. 
COURSE OF STUDY 

In high scliools, Rule 39, p. 71. 

CRIMES 

Against Clemson College, § 1908. 

Against the poll tax, § 1770. 

By certain officers, § 1776. 

By County Superintendent of Fduca- 
tion as to apportionment of school 
funds, § 577. 

By County Treasurer as to apportion- 
ing school funds, § 577. 

By County Treasurer as to poll tax, 
§§ 581, 582. 



INDEX 



83 



CRIMES— Continued. 

County Board of Examiners acting ex 

officio, § 585. 
County Treasurer receiving commis- 
sion on school funds, § 578. 
Discounting teachers' pay certificates, 

§§ 575, 1776. 
Failure of Auditor to report polls, § 

58:J. 
Failure of County Treasurer to keep 

general cash account, § 586. 
Failure of County Treasurer to make 

tax report, § 1774. 
Failure of County Treasurer to report 

taxes collected, § 582. 
Failure of School Commissioner to 

keep general cash account, § 586. 
For County Treasurer to demand com- 
mission on school funds, § 578. 
For school officers to be school book 

agents, § 576. 
For School Trustee to make contract, 

§ 575. 
Interest of School Trustee in contract, 

^§ 575. 
Neglect of County Treasurer to make 

report, § 1772. 
School Trustees acting ex oflicio, § 585. 
Violation of duty as to enrollment, § 

1715. 

CRIMINAL CODE 

See "Crimes." 

CRIMINAL LAW 

See "Crimes." 

CURRICULUM, §§ 1730, 1731. 

Evil effects of alcohol and narcotics, 

§ 1732. 
Penalty for failure to teach evil efifects 

of alcohol, § 1734. 
Physiology and hygiene, § 1732. 

DATE 

Competitive examinations for scholar- 
ships, § 1710. 

DEAF, DUMB AND BLIND INSTI- 
TUTE 

Admission of pupils, § 1924. 

Board of Commissioners 

Compensation, § 1922. 
Composition of, § 1918. 
Expenses of, § 1918. 
Meetings of Board, § 1922. 

Powers and Duties 

Admission of pupils, § 1924. 
Supervision and control of institute, 

§ 1919. 
To file vouchers, § 1923. 
To make annual report, § 1923. 
To make rules and by-laws, § 1919. 
To make rules for admission of 

pupils, § 1919. 
To provide for higher education of 

graduates, § 1927. 
To regular salaries. § 1919. 

—7 



DEAF, DUMB AND BLIND INSTI- 
TUTE— Continued. 
Removal of, § 1918. 
Reports of Board, § 1923. 
Term of office of, § 1918. 
To draw annual appropriations, § 

1923. 
Vacancies in, 1918. 
Expenses of applicants, § 1925. 

Superintendent 

Election of. § 1920. 
Powers and duties, § 1921. 

DEAN 

Of department of education, § 1714. 

DEGREE OF LICENTIATE OF IN- 
STRUCTION 

Diplomas for. Rule 26, p. 70. 

DEGREES 

See "University of South Carolina;" 
"Winthrop Normal and Industrial 
College." 

DEPARTMENT OF AGRICULTURE 

See "Clemson College." 
Abolition of, § 1897. 

DEPOSITORIES 

See "Text-Books." 
Compensation of, § 1795. 
Selection of, § 1795. 

DEPOSITS 

See "Bonds." 

DEVISES 

For educational purposes, § 1702. 

DIPLOMAS 

See "Colleges and Universities;" 
"Winthrop Normal and Industrial 
College." 
As dispensing with examination, § 

1730. 
For degree of licentiate of institution. 

Rule 26, p. 70. 
From foreign institutions, Rule 10, 

p. 67. 
Of accredited colleges. Rule 13, p. 68. 

DISBURSEMENT 

Of school moneys, § 4. 

DISCOUNTING TEACHERS' PAY 
CERTIFICATES 

See "Crimes." 

DISPENSARY 

Dispensary profits pa'-t of school funds, 

Rule 50, p. 72. 
Of Calhoun prohibited, § 1907. 

DISPENSARY FUND 

See "School Fund." 
Apportionment and expenditure, § 

1835m. 
Distribution of balance of, § lS35j. 



84 



INDEX 



DISSOLUTION 

School districts, § 1739. 

DISTRICT 

See "School District." 

DOGS 

See "Capitation Tax." 

DOG TAX 

Part of school fund, Rule 50, p. 73. 

DOMESTIC SCIENCE 

See "High School." 

DONATION 

Of lands by Federal Congress, § 8. 

DUE WEST FEMALE COLLEGE 

Accredited college. Rule 13, p. 68. 

DUMB— INSTITUTION FOR THE 
EDUCATION OF 

See "Deaf, Dumb and Blind Insti- 
tute." 

DUTIES 

Of School Officers 

Power to define, § 3. 

ELECTIONS 

Bond issued by high school district, § 
1833. 

Bond issued by school district, § 1743. 

For high school tax, § 1827. 

Form of ballot, § 1745. 

For tax levy by school districts, § 
1742. 

Managers of, § 1742. 

Notice of election, § 1744. 

Of County Supeiintendent of Educa- 
tion, § 1717. 

Of school commissioners for Charles- 
ton, § 1813. 

Of State Superintendent of Educatio i, 
§ 1698. 

Of superintendent of deaf, dumb and 
blind institute, § 1920. 

Of trustees of graded school districts, 
§ 1752. 

Of trustees of special school districts, 
§ 1752. 

Ordering election for bond issue, § 
1744. 

Ordering of by County Board, § 1752. 

Posting notice of, § 1744. 

School officers, § 3. 

To establish high schools, § 1826. 

ELECTRIC RAILROADS 

See "Clemson College." 

ENDORSEMENTS 

Bond of State Superintendent of Edu- 
cation, § 1698. 

ENROLLMENT 

See "Pupils." 
Definition of, § 6. 



EPIDEMIC 

In schools, § 1598. 

ERSKINE COLLEGE 

Accredited college, Rule 13, p. 68. 

ESCHEATED PROPERTY 

Investment of in State school fund, 

§ 11. 
Right of State treasurer to hold, § 1702. 

ESTABLISHMENT 

Of free public schools, § 5. 

EVIDENCE 

Certified copies of papers in office of 
superintendent of education, § 1699. 

EXAMINATIONS 

Additional examination of teachers, § 
1761. 

Age of applicants. Rule 17, p. 68. 

Competitive examination for scholar- 
ships, § 1710. 

Conditions and methods for competi- 
tive examination, § 1711. 

Entrance examinations in Clemson 
College, § 1714f. 

For county certificates, Rule 13, p. 68. 

For first grade teachers' certificate. 
Rule 16, p.- 68. 

For teachers' certificates, Rule 12, p. 67. 

Of applicants to teach, § 1737. 

Of teachers applying for positions, § 
1730. 

Preparation of questions for competi- 
tive examination, § 1711. 

Rules for examination of teachers, § 
1708. 

Scholarship examinations. Rule 11, 
p. 67. 

Second grade teachers' certificate. Rule 
16, p. 68. 

Third grade teachers' certificate, Rule 
16, p. 68. 

Uniform examination questions, Rule 
14, p. 68. 

EXAMINERS 

Crimes by county board, § 585. 

EXCHANGE 

Of library by trustees, § 1800. 

EXEMPTIONS 

From militia duty, § 1779. 
From Taxation 

Confederate soldiers, § 6. 

Of members of state board of educa- 
tion, § 1779. 

EXEMPTIONS FROM TAXATION 

See "Taxation." 

EXPENSES 

Of board of commissioners of deaf, 
dumb and blind institute, § 1918. 

Of pupils in deaf, dumb and blind in- 
stitute, §§ 1925, 1926. 



INDEX 



85 



EXPERIMENT STATION 

See "Clemson Agricultural College." 

EXTENSION REGULATIONS 

See "Page 73." 

FEES 

Remission of, § 1856. 
Tuition fees, § 1815. 

FERRIAGE OF TRUSTEES 

See "School Trustees." 

FERTILIZERS 

Privilege tax on, § 1906. 

FINES 

See "Crimes." 

FIRST GRADE CERTIFICATE 

See "Certificate." 

FLAGS 

See "Colleges and Universities." 

FORMS 

Blank forms for reports, § 1811. 
FRATERNITIES 

See "Colleges and Universities." 
FREE PUBLIC SCHOOLS 

Establishment of, § 5. 
FRIENDSHIP NORMAL AND IN- 
DUSTRIAL COLLEGE 
Accredited college. Rule Hi, p. 68. 
FUEL 

See "County Board of Education." 

FUNDS 

See "High School;" "School Fund." 

FURMAN UNIVERSITY 

Accredited college, Rule i:j, p. 68. 
GENERAL CASH ACCOUNT 

Duty to keep, § 586. 
GIFTS 

For educational purposes, § 1702. 

How applied, § 10. 

How applied when purposes of gift 

not designated, § 11. 
To Clemson College, § 1889. 
To high school districts, § 1833. 
To sectarian schools, § 9. 

GOVERNOR 

Chairman of Board of Education, § 2. 

Chairman of State Board, Rule 1, p. 67. 

Filling vacancies in office of Superin- 
tendent of Education, § 1704. 

Grant of state certificates, Rule 10, 
p. 67. 

Mentber of Board of Education, §§ 
2, 1705. 

Powers of 

Appointment of Board of Education, 
§ 2. 



GOVERNOR— Continued. 

To call meetings of Board of Educa- 
tion, Rule 2, p. 67. 

To grant state certificates. Rule 10, 
p. 67. 

GRADED SCHOOL DISTRICTS 

See "School Districts." 

GRADES 

Of teachers' certificates, Rule 15, p. 68. 

GRAND JURY 

Examination of report of County 

Superintendent, § 1722. 
Report on annual report of County 

Superintendent, § 1722. 

GRANTS 

For educational purposes, § 1702. 

GREEK LETTER FRATERNITIES 

See "Colleges and Universities." 

GREENVILLE FEMALE COLLEGE 

Accredited college, Rule 13, p. 68. 

HARBISON COLLEGE 

Accredited college, Rule 13, p. 68. 

HATCH FUND 

See "Clemson Agricultural College." 

HEALTH 

See "Board of Health." 

HIGHER EDUCATION 

See "Deaf, Dumb and Blind Insti- 
tute." 

HIGH SCHOOLS 

Acceptance of, Rule 47, p. 72. 

Account of Fund, § 1832. 

Aid to make permanent improvements, 

Rule 40, p. 72. 
Aid to one-teacher high school, Rule 

35, p. 71. 
Aid to rural high schools. Rule 34, 

p. 71. 
Aid to two-teacher high school, Rule 

35, p. 71. 
Aid to village high schools, Rule 34, 

p. 71. 
Amount of appropriation. Rule 46, 

p. 72. 
Appropriations for, § 1834. 
Appropriation to. Rule 43, p. 72. 
Attendance on as efifecting appropria- 
tions. Rule 48, p. 72. 
Board of trustees of, § 1826. 
Certificates as condition to receive aid, 

Rule 36, p. 71. 
Classification of, § 1829. 
Computation of right to State aid. Rule 

49, p. 72. 
Construction of high school act, § 

1835. 
Course of study, Rule 39, p. 71. 
Curriculum, § 1829. 
Deposit of fund, § 1832. 



86 



INDEX 



HIGH SCHOOLS— Continued. 

Duty to enroll pupils, § 18;]4. 
Election upon question of establish- 
ment, § 1826. 
Establishment of, § 1825. 
Five mile limit. Rule 44, p. 72. 
Four year high school, § 1829. 

High School Districts 

To issue coupon bonds, § 1833. 

To receive gifts, § 1833. 
High school inspector. Rules 31, 32, 

p. 71. 
How fund to be paid out, § 1832. 
Location of establishment, Rule 44, 

p. 72. 
Maximum appropriation, Rule 45, p. 72. 
Must have safe building to receive aid, 

Rule 42, p. 72. 
Must have two teachers to receive aid, 

Rule 33, p. 71. 
Period of recitation. Rule 38, p. 71. 
Privileges of, § 1828. 
Regulations of, p. 71. 
Retroactive effect of statute, § 1835. 
Scaling appropriation. Rule 47, 48, 

p. 72. 
Separation of races in, § 1834. 
Session of receiving aid. Rule 37, p. 71. 
State aid must increase efficiency of. 

Rule 41, p. 72. 

State Aid to 

See "High School Regulations." 
p. 71. 
State aid to, § 1831; Rule 30, p. 71. 

State High School Board 

Apportionment and disbursement of 
funds, § 1831. 

Composition of, § 1831. 

Expenses of, § 1830. 

Powers and duties, § 1830. 

To prescribe rules, § 1831. 
Tax, § 1827. 
Territorial unit, § 1827. 
Three year high school, § 1829. 
To teach agriculture, § 1829. 
To teach domestic science. § 1829. 
Tuition in, § 1834. 
Two year High school, § 1829. 
Withholding State aid. Rule 31, p. 71. 

HIGH SCHOOL REGULATIONS, 

p. 71. 

HIGHWAYS 

Construction of by Clemson College. 
§ 1903. 

HOLIDAYS 

Calhoun's liirthday, § 1810. 
In Claflin University, § 1881. 
Observance of Arbor Day, § 1809. 

HYGIENE 

See "Curriculum." 
IMPRISONMENT 

See "Crime;" "Aid." 



INCOME 

Apportionment of income from es- 
cheated and unclaimed property, 
§ 11. 

From escheated and unclaimed prop- 
erty, § 11. 

Net income from sale of liquor, § 12. 

INCREASED EFFICIENCY 

See "Aid." 

INDUSTRIAL COLLEGE, § 8. 

INFECTIOUS DISEASES 

Prevention of spread of, § 1607. 

INFIDEL 

See "University of South Carolina." 

INSPECTION 

As condition to appropriation. Rule 43, 
p. 72. 

As condition to State aid. Rule 13. 
p. 71. 

High school instructor. Rules, 31, 32, 
p. 71. 

Of annual report of County Superin- 
tendent, § 1723. 

Of schools. § 1598. 

INSTRUCTORS 

See "Teachers." 
Tn Claflin College, § 8. 

INTEREST 

On bond issue, § 1746. 

Rate of on loans, § 1806. 

Rate of on school bonds, § 1749. 

INTOXICATING LIQUORS 

See "Alcohol;" "Curriculum." 
Application of income from for public 
school purposes, § 12. 

INVESTMENT 

See "Retirement Fund." 
Of Clemson bequests. §§ 1892, 1893. 
Property of particular investments, § 

1702. 

LANDER FEMALE COLLEGE 

Accredited college. Rule 13, p. 68. 

LAND SCRIP 

Sale of for agricultural colleges, § 8. 

LAND SCRIP FUND 

See "The Colored Normal, etc.. Col- 
lege." 
Right of Clemson College to, § 1894. 

LAW DEPARTMENT 

See "University of South Carolina." 

LEASES 

Of roads constructed by Clemson Col- 
lege, § 1902. 

LEVY OF TAX 

See "Taxation." 



INDEX 



87 



LEXINGTON 

Salary of County Superintendent in, 
§ 1728. 

LIBRARIAN 

See "University of South Carolina." 

LIBRARY 

Bookcase for, § 1796. 

Deposit of fund for, § 1797. 

Determination of purchases for, § 1798. 

Enlargement of, § 1803. y 

Exchange of by trustees, § 1800. 

Fund for, § 1796. 

Number of schools entitled to benefit 

of, § 1802. 
Preservation of books, § 1799. 
Rules and regulations for use of books, 

§ 1799. 
Selection of books for, § 1798. 
Surplus of library fund, § 1802. 
Trustees of, § 1799. 

LICENSES 

See "Occupation Tax." 

LICENTIATE DEGREE 

Course of study for, Rule 26, p. 70. 

LICENTIATE OF INSTRUCTION 

Diploma for, Rule 26, p. 70. 

LIEN 

See "Bonds." 
LIGHTS 

See "County Board of Education." 

LIMESTONE FEMALE COLLEGE 

Accredited college, Rule 13, p. 68. 

LIQUOR 

See "Alcohol;" "Curriculum." 
Application of income from sale .of 
for school purposes, § 12. 

LIST OF ACCREDITED COLLEGES 

See "Accredited Colleges, list of." 
MACADAM ROADS 

See "Clemson College." 

MAINTENANCE 

Of schools and colleges, § 9. 

MANAGEMENT 

Of school property, § 1761. 

MAPS, § 1699. 

MARLBORO 

Salary of County Superintendent in, 
§ 1728. 

MATRICULATION 

Of beneficiary cadets, § 1865. 

MECHANICAL COLLEGE, § 8. 

See "Clemson Agricultural College." 



MEDICAL ATTENDANCE 

On deaf, dumb and blind pupils, § 1926. 

MEETINGS 

Of County Board of Education, § 1737. 

MEMMINGER NORMAL SCHOOL 

Accredited colleges. Rule 13, p. 68. 

MILEAGE 

See "Traveling Expenses." 

MILITARY COLLEGE OF SOUTH 
CAROLINA 

See "The Citadel." 
Date of examination for scholarships, 

§ 1710. 
Scholarships, § 1709. 

MILITIA DUTY 

Exemptions from. § 1779. 

MISDEMEANOR 

See "Crimes." 

MIXED SCHOOLS 

See "High School;" "Negroes." 
Segregation of Races, § 1780. 

MONTHLY REPORTS 

Sec "County Treasurer." 

MORAL CHARACTER 

Teachers must show evidence of, § 
1730. 

MOTIONS 

See "Regulations of State Board of 
Education," Rule 6, p. 67. 

MUSIC TEACHERS 

See "Salaries." 

MUTES 

See "Deaf, Dumb and Blind Insti- 
tute." 

NARCOTICS 

See "Curriculum." 
Must teach bad efifects of, §§ 1732, 1733, 

1734. 
Text-books on, § 1733. 

NEGROES 

See "High School;" "The Colored 
Normal, etc.. College." 
Representation of in Claflin College, 

§ 8. 
Separated from whites, § 1780. 
Separation of in schools, § 7. 

NEWBERRY COLLEGE 

Accredited college, Rule 13, p. 68. 

NEWSPAPERS 

Advertisement of elections, § 1742. 

NEW YEAR'S DAY 

See "Colleges and Universities." 



INDEX 



NIGHT SCHOOLS, § 1716. 
Course of study, § 1716. 
Enrollment in, § 1716. 
Qualification of teachers in, § 1716. 

NORMAL COURSE 

Holders of scholarships must pursue. 

§ 1713. 
Normal scholars deposit notes, § 1714 
Normal scholarships, § lfl4. 

NORMAL STUDENTS 

In University of South Carolina, § 1859. 

NOTES 

Cancellation of for normal scholar- 
ships, § 1714. 
For amount of scholarships, § 1714. 

NUISANCES 

See "Inspection." 

OATHS 

Administering oaths. § 1758. 

OCCUPATION TAX 

On fertilizers, § 1906. 
Power of trustees of Clemson College, 
§ 1909. 

OPEN AND CLOSE 

Of schools, § 1777. 

To be kept open three months, § 1782. 

PARLIAMENTARY LAW 

See "Regulations of State Board of 
Education," p. 67. 

PAUPERS 

Text-books for, § 1794. 

PENALTIES 

Against school trustees, § 1760. 

Discounting teachers' pay certificate, 
§ 1776 

Failure to teach evil effects of alcohol. 
§ 1734. 

For hindering or obstructing veteri- 
narian of Clemson College, § 1904. 

For using unauthorized books, § 1708. 

Violation of duty as to enrollment. § 
1715. 

PERMANENT IMPROVEMENTS 

See "Aid." 

PETITION 

For tax election, § 1742. 

PHOSPHATIC DEPOSITS 

See "Clemson Agricultural College." 

PHYSIOLOGY 

See "Curriculum." 

PLANS 

Of school buildings, § 1765. 

POLICE MAGISTRATE 

See "Clemson Agricultural College." 



POLL TAX 

See "Capitation Tax." 
Amount of, § 6. 
Apportionment among school districts, 

§ 577. 
Ascertainment of amount of, § 1735. 
Collection of, § 1770. 
Crimes by Count}' Treasurer as to, §§ 

580, 581. 
Crimes by County Treasurer as to, 

§ 581. 
Criminal law, § 1770. 
Duty of County Treasurer as to, §§ 

580, 581. 
Expenditure, § 1770. 
List of names, § 1769. 
List of persons paying. § 1726. 
Part of school fund. Rule 50, p. 72. 
Report of, by County Treasurer, § 

1774. 
Report of persons paying, § 1771. 
Retention of by County Treasurer, § 

1770. 

POOR PERSONS 

Text-books for, § 1794. 

POSTAGE 

Of County Board of Education, § 1723. 

POSTING NOTICES 

Of tax election, § 1742. 
POVERTY 

See "Poor Persons." 

PRESBYTERIAN COLLEGE OF 
SOUTH CAROLINA 

Accredited college. Rule 13, p. 68. 
PRESIDENT 

Of Winthrop College, § 1875. 
PRINTING 

Advertisement for bids, § 1791. 

PRIVILEGE 

See "Exemptions." 

PRIVILEGE TAX 

See "Occupation Tax." 

PROFESSORS 

See "Teachers." 
In Claflin College, § 8. 

PROPERTY 

Sale of school property, § 1755. 

PUBLIC INSTRUCTION 

Supervision, § 1. 

PUBLIC LAND FUND 

Right of agricultural colleges to, § 
1885. 

PUBLIC SCHOOL BUILDINGS 

See "Buildings." 

PUBLIC SCHOOLS 

Establishment of, § 5. 



INDEX 



89 



PUBLIC SCHOOLS— Continued. 

Maintenance of from escheated and un- 
claimed property, § 11. 
Taxation for, § 6. 

PUNISHMENT 

See "Crimes." 

PUPILS 

See "Text-books." 

Age of attendance, § 1778. 

Apportionment of, § 1735. 

Blind pupils, § 1924. 

Charge for transfer of pupils, § 1756. 

Clothing, § 1926. 

Colored pupils, § 1700. 

Competitive examination for scholar- 
ships, § 1711. 

Consent to transfer of, § 1756. 

Deaf and dumb pupils, § 1924. 

Enrollment, § 1715. 

Enrollment and registration of, § 1700. 

Enrollment in night schools, § 1716. 

Expenses of pupils, § 1926. 

Free tuition in Clemson College, § 1888, 

In high school, § 1834. 

List of pupils, § 1715. 

Medical attendance, § 1926. 

Non-resident pupils of district, § 1756. 

Separation of races, § 1780. 

Transfer of pupils, § 1756. 

Traveling expenses, § 1926. 

Tuition of, § 1792. 

Tuition fees. § 1815* 

Tuition fees in Winthrop College, § 
1876. 

\\''hite pupils, § 1700. 

PURCHASE OF BOOKS 

For paupers, § 1794. 

QUALIFICATIONS 

Of school officers, § 3. 
Of teachers, § 2. 

QUORUM 

See "State Board of Education;" 
"The Colored Normal, etc.. Col- 
lege;" "University of South Caro- 
lina;" "Winthrop Normal and In- 
dustrial College of South Caro- 
lina." 

RACES 

Separation of in high schools, § 1834. 
Separation of races in schools, § 1780. 

RAILROADS 

Power of Clemson College to con- 
struct, § 1901. 

RECITATION 

Period of in high school, Rule 38, p. 71. 
RECORDATION 

See "Register." 

Failure of teachers to register certifi- 
cate, Rule 23, p. 69. 

Of claims approved, § 1725. 

Of County Board of Education, Rules 
21, 22, p. 69. 



RECORDS 

Custodian of records of Board of Edu- 
cation, § 1705. 

Of proceedings of Board of Education, 
Rule 3, p. 67. 

REGISTRATION 

Of certificate issued by board of an- 
other county, Rule 24, p. 69. 

Of State Board of Education, Rule 1, 
p. 67. 

REGULAR SCHOOL FUNDS 

See "School Fund." 
REGULATIONS 

Extension Regulations 

See Page 73. 
High school regulations, p. 71. 

RELATIONSHIP 

See "Teachers." 
As disqualification of teachers, § 1777. 

RELIGIOUS COLLEGES 

Maintenance of, § 9. 
REMOVAL 

Crimes for officers . to act after re- 
moval, § 585. 

From office for failure to teach, bad 
efifects of alcohol, § 1734. 

REPORT 

Annual report of trustees of Clemson 
College, § 1912. 

By County Superintendent to School 
Trustee, § 1726. 

Of Board of Trustees of Clemson Col- 
lege, § 1891. 

Of Board of Visitors of citadel, § 1869. 

Of County Treasurer, §§ 1720, 1771, 
1772. 

Of State institution of higher learning, 
§ 1700. 

Of State Superintendent of Education, 
§ 1700. 

Of teachers, § 1757. 

Statistical report, § 1810. 

To County Treasurer of claims ap- 
proved, § 1724. 

RESERVE FUND 

See "School Funds." 
RESOLUTIONS 

Of state Board of Education, Rule 5, 
p. 67. 

RETIREMENT FUND 

Administration of, § 1818. 

Amount of to beneficiaries, § 1819. 

Beneficiaries of, §§ 1819, 1820. 

Eflfect of insufficiency of, § 1821. 

For teachers in Charleston schools, § 

1817. 
Investment of, § 1818. 
Of what it consists, § 1817. 
Pro rato payment of, § 1821. 

REVOCATION OF TEACHERS' CER- 
TIFICATES 

See "Certificates." 



90 



INDEX 



RURAL HIGH SCHOOLS 

Aid to. Rule 34, p. 71. 
RURAL SCHOOLS 

Appropriation for, § 183ob. 

SALARIES 

As afifecting right to State aid, Rule 49, 
p. 72. 

Music teacher's salary. Rule 49, p. 72. 

Of clerk in office of State Superintend- 
ent of Education. § 1701. 

Of County Superintendents of Educa- 
tion, § 1738. 

Of school officers, § 4. 

Of State Superintendent of Education, 
§ 1698. 

Regulation of, § 1919. 

SALES 

Of goods and wares of Clemson Col- 
lege, § 1908. 
Of school property, § 1755. 
Of school supplies, Rule 25, p. 69. 

SANITARY 

Condition of schools, § 1598. 
SCHOFIELD SEMINARY 

Accredited college. Rule 13, p. 68. 
SCHOLARSHIP 

See "University of South Carolina;" 
"Winthrop Normal and Industrial 
College." 

Age limit for, in Clemson College, § 
1714f. 

Appointments to by Charleston School 
Board, § 1816. 

Appointment to scholarships in Clem- 
son College, § 1714g. 

At large, § 1714e. 

Award of, §§ 2, 1709. 

Award of in Winthrop College, § 1714a. 

Basis of award for in Clemson Col- 
lege, § 1714d. 

Beneficiary scholarship for Clemson 
College, §§ 1714c, 1714b, 1913. 

Clemson Agricultural College, § 1709. 

Competitive examinations for, § 1710. 

Conditions and methods of competitive 
examination, § 1711. 

Creation of in colleges, § 8. 

Date of competitive examination, § 
1710. 

Entrance examination, § 1714f. 

Examinations for. Rule 11, p. 67. 

Examination of papers of applicants 
for scholarships, § 1711. 

How scholarships in Clemson College 
paid, § 1917. 

In Charleston College, § 1815. 

Military College of South Carolina, § 
1709. 

Normal scholarships, § 1714. 

Notes for amount of in University of 
South Carolina, § 1714. 

Payment of Clemson College scholar- 
ships, § 1714h. 

Power of Board of Education to award, 
§ 1708. 

Recommendations for award of, § 1711. 



SCHOLARSHIP— Continued. 

Recommendation for scholarships at 
large in Clemson College, § 1714e. 

Requirements as to scholarships in 
University of South Carolina, § 1713. 

Review of applications for, § 1711. 

Term of scholarships in Clemson Col- 
lege, § 1714h. 

The citadel, § 1709. 

University of South Carolina, § 1709. 

Vacancies, § 1712. 

Value of for Clemson College, § 1714c. 

Winthrop Normal and Industrial Col- 
lege, § 1709. 

SCHOLASTIC YEAR 

See "Year." 
SCHOOL BOARD 
Of City of Charleston, § 1813. 

Accounting for surplus fund, § 1824. 

Amount of surplus to be reported to, 
§ 1823. 

Appointment of beneficiaries of 
scholarships, § 1816. 

Chairman of, § 1818. 

Composition of, § 1818. 

Establishment of teachers' retire- 
ment fund, § 1817. 

Organization, § 1813. 

Powers and duties, §§ 1813. 1814, 
1815. 1818. 

Selection of boys for higher educa- 
tion, § 1815, 

Treasurer of, § 1818. 

Use of surplus fund, § 1824. 

SCHOOL BUILDINGS 

See "Buildings." 

SCHOOL COMMISSIONERS 

Of Charleston, § 1813. 

Of graded school districts, § 1752. 

Of special school districts, § 1752. 

SCHOOL DISTRICTS 

Act creating special school district, § 

1792. 
Aid to, § 1835f. 
Aid to. Rule 52, p. 73. 
Aid to rural school districts, §§ 1835b, 

1835d, 1835e. 
Amount of State aid. Rule 53, p. 73. 
Applications for aid. § 1835i. 
Area of.- §§ 5, 1738. 
Body politic and corporate, § 1738. 
Boundaries of, § 1738. 
Burden of taxation, § 1738. 
City of Charleston, § 1814. 
Collection of annual tax, § 1742. 
Consolidation of, § 1738. 
Construction of Buildings 

Plans and specifications, § 1765. 
Dissolution of, § 1739. 
Distribution of aid to, § 1835h. 
Distribution of school tax among, § 6. 
Division of Charleston, § 1813. 
Division of counties into, § 1738. 
Division of county into, § 5. 
Election for bond issue, § 1744. 



INDEX 



91 



SCHOOL DISTRICTS— Continued. 
Election for Bond Issue 

Form of ballot, § 1745. 
Election to establish high schools in, 

§ 18-^6. 
Establishment of high schools in, § 

1825. 
Extension regulations. Rule 51, p. 73. 
Formation of. § 1738. 
Graded school districts, § 1752. 
Hartsville school district, § 1749. 
Issuance of bonds by, § 1743. 
Levy of additional tax, § 6. 
Levy of annual tax by, § 1742. 
Levy of tax by rural districts, § 1835c. 
Management of, § 1740. 
Monthly apportionment of funds, § 

577. 
Names and styles, § 1738. 
Norway school district, § 1749. 
Of Dillon County, § 1750. 
Of Marion County, § 1750. 
Petition for, § 1738. 
Poll tax to be apportioned among, § 

577. 
Powers of high school districts, § 1833. 
Powers to hold property, § 1738. 
Preference to consolidated school dis- 
trict. § 1764. 
Refusal of aid to, § 1835g. 
Report by County Superintendent to, 

§ 1726. 
Right to regular school funds. Rule 

51, p. 73. 
Right to use funds to aid sectarian 

schools, § 9. 
Rosemary school district', § 1743. 
Special school districts, §§ 1750, 1752. 
State aid to, Rules 51, 52, 53, 54, p. 73. 
Status of graded school districts, § 5. 
Suits by and against, § 1738. 
Taxation in, § 1741. 
Transfer of pupils from. § 1756. 
Trustees of, § 6. 
Visitation of, § 1753. 

SCHOOL FUNDS 

Apportionment among school districts, 

§ 577. 
Ascertainment of surplus in Charleston 

County, § 1823. 
Capitation tax, on dogs, § 1790. 
Commission on, § 578. 
Construction of school buildings, § 

1762. 
County Board fund, § 18351. 
Crimes against, § 575. 

Disbursement of 

Warrants for, § 1761. 
Distribution of dispensary fund, §§ 

1835k, 18351, 1835m. 
High school fund, § 1832. 
How distributed and expended, § 1735. 
In aid of school construction, § 1763. 
Liability for compensation of county 

treasurers, § 4. 
Liability for salaries, § 4. 
Regular school funds. Rule 50, p. 73. 
Retirement fund, § 1817. 



SCHOOL FUNDS— Continued. 

Salary of Charleston City Treasurer 
for disbursement, § 1814. 

School improvement act. Rule 28. p. 70. 

Surplus in Charleston County, § 1820. 

Surplus of, § 1767. 

Use of by County Board, § 18351. 

L^se of for text-books, § 1793. 

Use of reserve fund, § 1808. 

Use of under direction of State Super- 
intendent, § 18351. 

\\'arrants on, § 1835k. 

SCHOOLHOUSES 

Cost of, § 1700. 

Erection of, § 1700. 

Location of, § 1700. 

Material out of which built, § 1700. 

SCHOOL IMPROVEMENT ACT 

Funds to aid school building. Rule 28, 
p. 70. 

SCHOOL OFFICERS— CRIMES BY 

See "Crimes." 
SCHOOL OFFICERS 

Election or appointment of, § 3. 
Salaries, § 4. 

SCHOOL REGISTERS, § 1699. 

SCHOOLS 

Inspection of, § 1598. 

SCHOOL SUPPLIES 

Purcliase of, Rule 25, p. 69. 

SCHOOL TAX 

See "Tax." 

SCHOOL TERMS 

See "Terms." 

SCHOOL TRUSTEES 

Adjourned sessions, § 1754. 
Administering oaths, § 1758 
Appointment of, § 1752. 
Approval of place of deposit, § 1749. 
As High School Board, § 1826. 

Bond 

Approval of, § 1702. 

Conditions of, § 1702. 

To faithfully administer gifts to 
schools, § 1702. 

With whom deposited, § 1702. 
Care and custody of school property, 

§ 1702. 
Chairman of Board, § 1752. 
Claims issued by. Rule 23, p. 69. 
Clerk of Board, § 1752. 
Consent to transfer of pupils, § 1756. 
Control of local educational interests, 

§ 1753. 
Control over school property, § 1702. 
Crimes and penalties, § 1776. 
Crimes by, § 585. 

Crimes with respect to contracts, § 575. 
Crime to discount teachers' certificate, 

§ 575. 



92 



INDEX 



SCHOOL TRUSTEES— Continued. 

Distribution and expenditure of school 

funds by, § 1735. 
Distribution of gifts for school pur- 
poses, § 1702. 
Duties 

Annual report of Charleston School 
Trustees, § 1792. 

Meetings. § 1752. 
. Of visitation. § 1753. 

To call meetings of electors, § 1761. 

To care for and manage school prop- 
erty, § 1761. 

To employ and discharge teachers, 
§ 1761. 

To fix salaries of teachers, § 1761. 

To make schoolhouses comfortable, 
§ 1761. 

To prescribe curriculum. § 1731. 

To provide schoolhouse, § 1761. 

To receive non-resident pupils, § 1756. 

To report sale of school property, § 
1755. 

To select library books, § 1798. 

To visit schools, § 1761. 

Trustees of Charleston school, § 1792. 
Employment of disqualified teachers, 

§ 1761. 
Exemptions from militia duty, § 1779. 
Expenditure and disbursement of school 

tax, § 6. 
Issuance of school warrants, § 17.59. 
Management of local educational inter- 
est, § 1753. 
Management of school districts, § 1740. 
Managers of elections, § 1742. 
Of Charleston County, § 1823. 
Of graded school districts, § 1752. 
Of special school districts, § 1752. 
Organization, § 1752. 
Penalty to receive pay as teachers, § 

1760. 
Place of holding sessions, § 1754. 

Powers 

To call meetings of electors, § 1761. 

To contract, § 1777. 

To convey children to school, § 
1835f. 

To cross bridges or ferries free, § 
1761. 

To employ relations as teachers, Rule 
24, p. 69; § 1777. 

To employ teacher holding certifi- 
cate issued by another county, 
Rule 24, p. 69. 

To impose additional examination on 
teachers, § 1761. 

To impose additional qualifications 
for teaching, § 1761 

To prevent spread of contagious dis- 
eases, § 1607. 

To purchase books for poor pupils, § 
1794. 

To sell school property, § 1755. 

To suspend or dismiss pupils, § 1761. 

To use State aid, § 1835f. 
Presiding officers, § 1752. 
Qualifications of, § 1752. 
Reports of sale of school property, § 

1755. 



SCHOOL TRUSTEES— Continued. 

Selection of, § 6. 

Sessions of, § 1754. 

Special meetings, § 1754. 

Supervision of, § 1753. 

Tenn of ofiice of, § 1752. 

Time of holding sessions, § 1754. 

Title and right to gifts, § 1702. 

Warrant for school fund, § 1835k. 

Warrant for State aid. Rule 58, p. 73. 

Warrants issued by. Rule 23, p. 69. 

SCHOOL WARRANTS 

See "Warrants." 

SCIENTIFIC AGRICULTURIST 

To visit coast section of State, § 1900. 

SEAL 

See "State Superintendent of Educa- 
tion;" "University of South Caro- 
lina." 
Of County Superintendent of Educa- 
tion. § 1727. 

SECOND GRADE CERTIFICATE 

See "Certificate." 
SECRETARY 

See "State Board of Education." 
Of trustees of special school districts, 
§ 1752. 

SECRETARY OF STATE 

Filing of bond of State Superintendent 

of Education with, § 1698. 
Notice to trustees, § 1872. 

SECTARIAN SCHOOLS 

Maintenance of, § 9. 
SECTARIAN TEXT-BOOKS 

Use of forbidden, § 1699. 
SEGREGATION 

Of white and colored pupils, §§ 7, 3780. 
SEPARATE SCHOOL 

For white and colored pupils, § 7. 
SIGNATURE 

See "Claim." 
Lithographed or engraved, § 1747. 
Of school bonds, § 1747. 

SINKING FUND 

Control and management of, § 1749. 
Taxation to provide, § 1746. 

SMALLPOX 

See "Vaccination." 
SOUTH CAROLINA DAY 

See "Holidays." 

SOUTH CAROLINA INSTITUTE FOR 
THE EDUCATION OF THE 
DEAF, DUMB AND BLIND. 

See "Deaf, Dumb and Blind Insti- 
tute." 
SOUTH CAROLINA MILITARY 
ACADEMY 

Accredited college. Rule 13, p. 68. 



INDEX 



93 



SPECIAL SCHOOL DISTRICTS 

See "School Districts." 
SPECIFICATIONS 

Of scliool buildings, § 1765. 
STATE AID 

See "Aid." 
STATE BOARD OF EDUCATION 

Advisory Board of Superintendent of 
Education, § 1707. 

Appeals to, § 1736. 

Appeals to. Rule 37, p. 70. 

Appeals to from County Boards. § 1707. 

Appeal to from refusal to grant State 
aid. Rule 59, p. 73. 

Applications for approval of course of 
study. Rule 26, p. 70. 

Appointment of. § 2. 

Appointment of County Board of Ed- 
ucation, § 1729. 

Appointment to scholarships in Clem- 
son College, § 1714g. 

Approval of rules for competitive ex- 
amination for scholarships, § 1711. 

Authentication of acts, § 1706. 

Authority to purchase school supplies, 
Rule 25. p. 69. 

Award of scholarships, § 1709. 

Chairman of, § 2. 

Chairman of, Rule 1, p. 67. 

Compensation of, § 1706. 

Composition of, §§ 2, 1705. 

Confirmation of grant of State certifi- 
cates. Rule 10, p. 67. 

Course of study in high school. Rule 
39, p. 71. 

Duties 

Of secretary to keep record. Rule 3, 

p. 67. 
Supervision of library, § 1799. 
To appoint time of County Board's 

meetings, § 1737. 
To examine curriculum, faculty and 

equipment of, § 1730. 
To expend library appropriation, § 

1801. 
To make examination questions uni- 
form, Rule 14, p. 68. 
To remit sum for library. § 1797. 
Exemptions from militia duty, § 1779. 
Filling vacancies in. Rule 7, p. 67. 
Filling vacancies in office of County 

Superintendent, § 1718. 
Meetings of Board, § 1706. 
Meetings of Board, Rule 2, p. 67. 
Motions, Rule 6, p. 67. 
Number of persons composing, § 2. 
Order of business. Rule 4, p. 67. 
Parliamentary rules. Rule 6, p. 67. 
Plans and specifications, § 1765. 

■ Powers 

Award of Scholarships, § 2. 

Examination of teachers, § 2. 

To adopt rules and regulations, § 

1708. 
To award scholarships, § 1708. 
To change text-books, § 1708. 
To enforce course of study, § 1708. 



STATE BOARD OF EDUCATION— 

Continued. 

To enforce rules for examination of 

teachers, § 1708. 
To enforce uniform series of text- 
books, § 1708. 
To exact bonds of publisher, § 1708. 
To grant teachers' certificates, § 1708. 
To make agreements with publish- 
ers, § 1708. 
To prescribe a standard of proficiencv, 

§ 1708. 
To require publishers to establish 

book depositories, § 1708. 
To review order revoking certificates. 

§ 1708. 
To revoke teachers' certificates, § 
1708. 
Prevention of spread of contagious dis- 
eases. § 1607. 
Quorum, § 1706. 

Record of proceedings. Rule 3, p. 67. 
Regulations of, Rule 1, p. 67. 
Resolutions of. Rule 5, p. 67. 
Scaling appropriations to high school. 

Rule 47, p. 72. 
Secretary, § 2. 
Secretary of, Rule 1, p. 67. 
Teachers' reading circle. Rule 9. p. 67. 
Term of office of members, § 1705. 
Travelling expenses, § 2. 

STATE CERTIFICATES 

See "Certificates." 
STATE COLORED COLLEGE 

Accredited college. Rule 13. p. 68. 

STATE HIGH SCHOOL BOARD 

See "High School." 

STATE SCHOOL FUND 

Participation in escheated and un- 
claimed property. § 11. 

STATE SUPERINTENDENT OF ED- 
UCATION 

Allowance for clerk hire, § 1701. 

Bond 

Amount of. § 1698. 

Approval of. § 1698. 

Conditions of, § 1698. 

Endorsement of oath on, § 1698. 

Filing of. § 1698. 

Necessity of. § 1698. 

Recordation of, § 1698. 

Sureties on, § 1698. 
Compensation, §§ 1, 1698. 
Consultations with Board of Education. 

§ 1707. 
Depository of record of State Board of 

Education, § 1705. 

Duties 

After expiration of term of office, § 
1703. 

Distribution of appropriation to in- 
crease school term, § 1788. 

Distribution of dispensary fund, § 
1835J. 

General duties, § 1699. 

In distribution of aid fund, § 1835h. 

Other duties, § 1703. 



94 



INDEX 



STATE SUPERINTENDENT OF ED- 
UCATION— Continued. 

Report. § 1700. 

Supervision of public instruction, § 1. 

To direct use of school fund, § 18351. 

To forward appropriation to school 
district, Rule 56, p. 73. 

To provide blank forms for reports, 
§ 1811. 
Election, §§ 1, 1698. 

Applications for State aid. Rule 59, 
p. 73. 

Bids for printing-, § 1791. 

General powers, § 1. 

To refuse appropriation to increase 
school term, § 1787. 

To refuse State aid, § 1835g. 
Grant of State certificates, Rule 10, p. 67. 
Meetings of Board of Education and 

office of, § 1706. 
Member of Board of deaf, dumb and 

blind institute, § 1918. 
Member of Board of Education, §§ 2, 

1705. 
Member of Board of Visitors of citadel, 

§ 1861. 
Member of trustees of Winthrop Col- 
lege, § 1871. 
Oath of office, § 1698. 
Official seal, § 1706. 
Report, §§ 6, 1700. 
Secretary of Board of Education, Rule 

1, p. 67. 
State aid under extension regulations, 

Rules 56, 57, 59, p. 73. 
Statistical report to, § 1811. 
Term of office, § 1. 

Trustee of University of South Caro- 
lina, § 1846. 
Vacancy in office, § 1704. 

STATE TREASURER 

Depository of agreement and bond of 

publisher, § 1708. 
Disbursement of tax by, § 6. 
Filing of bond of Superintendent of 

Education with, § 1698. 
Investment of Clemson bequests, §§ 

1892-1893. 
Investments by, § 1702. 
Liability on bond. § 1702. 
Payment of privilege tax on fertilizers. 

§ 1906. 
Title and right to bequest for school 

purposes, § 1702. 

STATIONERY 

Of County Board of Education, § 1723. 

STATISTICS 

See "Reports." 

STERLING IND. INSTITUTE 

Accredited college. Rule 13, p. 68. 

SUMMER SCHOOLS 

Attendance on. Rule 18, p. 69, Rule 29, 
p. 70. 

SUPERINTENDENT OF DEAF, 
DUMB AND BLIND INSTITUTE 

See "Deaf, Dumb and Blind Insti- 
tute." 



SUPERINTENDENT OF EDUCA- 
TION 

See "State Superintendent of Educa- 
tion." 

SUPPLEMENTARY TAX 

Application of income from sale of liq- 
uor in aid of, § 12. 

Levy of, § 12. 

SUPPLIES 

Purchase of school supplies, Rule 25, 
p. 69. 

SURPLUS 

See "School Funds." 
SURVEY 

Of school districts, § 1743. 
TAXATION 

See "Poll Tax." 

Amount of annual tax, § 1735. 

Apportionment of, § 6. 

Apportionment of additional tax, § 6. 

Assessment of, § 6. 

By Charleston school district, § 1814. 

By rural school districts, § 1835c. 

Collection of, § 6. 

Collection of annual tax, § 1735. 

Credits on special tax, § 1792. 

Criminal law, §§ 580, 581, 582. 

Deposit of tax, § 6. 

Disbursement on warrant of comptrol- 
ler-general, § 6. 

Duty of County Board of Commission- 
ers to levy, § 6. 

Exemptions from, § 6. 

School bonds, § 1751. 
High school tax, § 1827. 

Levy 

Additional tax by Comptroller-Gen-, 
eral, § 6. 

Annual tax by County Board, § 1735. 

Tax for school bonds, § 1746. 

Tax to pay school bonds, § 5. 

To pay bonds, § 1746. 
Of school districts, § 1741. 
Of Taxable polls, § 6. 
Power of trustees of Clemson College 

to levy, § 1911. 
Privilege tax on fertilizers, § 1906. 
Property subject to, § 1735. 
Report of by County Treasurer, §§ 1771, 

1772, 1774. 
Special tax bj' rural school district, § 

1835d. 
Sufficiency of tax returns, § 1768. 
Surplus of tax levy, § 1742. 
Tax duplicate, § 1768. 
Tax returns, § 1768. 
Three-mill tax part of school tax. Rule 

50, p. 73. 
Who liable for, § 6. 

TEACHERS 

See "Certificate." 
Approval of reports, § 1757. 
Beneficiaries of retirement fund, §§ 

1819, 1820. 



INDEX 



95 



TEACHERS— Continued. 
Certificates of 

Appeal from order revoking, § 170S. 

Grant of, § 1708. 

Revocation of, § 1708. 

Right to, 1708. 
Discharge of, § 1761. 
Discounting pay certificates, § 575. 
Discounting pay certificate, § 1776. 

Duties 

Report number of pupils, § 1757. 

To furnish list of pupils, § 1715. 
Employment of, § 1761. 
Examination of, §§ 3, 1730. 
First grade teachers' certificate, Rule 

16, p. 68. 
Forfeitvire of pay warrant. Rule 23, 

p. 69. 
Grade of certificates. Rule 15, p. 68. 
In Claflin College, § 8. 
Issuance of county certificates. Rule 29, 

p. 70. 
Issuance of State certificates. Rule 29. 

p. 70. 
Necessity for examination of, § 1730. 
Necessity for teachers' certificate, § 

1730. 
Payment from reserve fund, § 1808. 

Qualification, § 1761. 

Employment of disqualified teacher. 

Relationship, § 1777. 

Relationship, Rule 24, p. 69. 
Remission of fees to, § 1856. 
Reports by, § 1699. 
Right to pay warrant, Rule 23. p. 69. 
Salaries of, § 1761. 
School trustees not to receive paj' as, 

§ 1760. 
Second grade teachers' certificate. Rule 

16, p. 68. 
Teachers' certificates. § 1730. 
Third grade teachers' certificate, Rule 

16, p. 68. 
Time of filing report, § 1757. 
Wages of, § 1700. 

TEACHERS' CERTIFICATES 

Examinations for. Rule 12, p. 67. 

TEACHERS' READING CIRCLE 

Plan for. Rule 9, p. 67. 
TERM 

Appropriation to -ncrease, §§ 1783, 1784 

1785, 1786, 1787, 1788, 1789. 
School terms, §§ 1777, 1781, 1782. 

TERM OF OFFICE 

See "The Citadel;" "County Superin- 
tendent of Education;" "The Uni- 
versity of South Carolina." 

Power to define, § 3. 

TEXT-BOOKS 

Change of by Board of Education, § 

1708. 
Depositories for, § 1793. 
Depository in township, § 1795. 
Forfeiture of pay for failure to use. 



TEXT-BOOKS— Continued. 

Rule 23, p. 69. 

For poor children, § 1794. 

Hygiene, § 1732. 

Nature of alcoholic drinks and narcot- 
ics. § 1732. 

Payment for use of school funds, § 
1793. 

Penalty to use condemned books, § 
1804. 

Physiology, § 1732. 

Relating to alcoholic drinks and nar- 
cotics, § 1733. 

Rules to insure uniformity, § 1708. 

Space in for study of effects of alcohol, 
§ 1735. 

To be furnished at actual cost, § 1793. 

Uniformity in use of, § 1699. 

THE CITADEL 
Beneficiary Cadets 

Appointment of, § 1864. 

Bond required of, § 1866. 

Cancellation of bond of, § 1868. 

Filing copy of matriculation obliga- 
tion, § 1865. 

Free education of, § 1863. 

Must teach after graduation, § 1864. 

Release from obligation to teacli, § 
1868. 

Report of graduation of, § 1867. 
Board of Visitors 
Annual report of Board, § 1869. 

Composition of, § 1861. 

Duties of, § 1867. 

Filling vacancies in, § 1861. 

Powers of, § 1862. 

Terms of oftice, § 1861. 
Date of examination for scholarships, 

§ 1710. 
Scholarships, § 1709. 

THE COLORED NORMAL, ETC., 
COLLEGE 

Board of Trustees of 

Composition of, § 1879. 
Powers and Duties 

Management and control of prop- 
erty, § 1880. 
Over Claflin University, § 1881. 
To establish course of studv. § 

1882. 
To fix salaries, § 1882. 
To provide necessary building, § 

1882. 
To select instructors, § 1882. 
To separate college from Claflin 

University, § 1881. 
To use income of land scrip fund. 
§ 1884. 
Quorum, § 1883. 
Term of office of, § 1879. 
Establishment of, § 1879. 
Principal or president to be negro, § 

1883. 
Right to land scrip fund, § 1884. 
Right to public land fund, § 1885. 
Separation from Claflin University, § 
1881. 



96 



INDEX 



THIRD GRADE CERTIFICATE 

See "Certificate." 

THREE MILL TAX 

See "Taxation." 

TRAMWAYS 

See "Clemson College." 

TRANSFER OF PUPILS 

See "Pupils." 

TRAVELING EXPENSES 

Of County Board of Education, § 1730. 

Of County Superintendents of Educa- 
tion, § 1728. 

Of deaf, dumb and blind pupils, § 1926. 

Of delegates to agricultural conven- 
tions, § 1900. 

Of members of Board of Education,, 
§ 2. 

Of school trustees, § 1761. 

Of school trustees — ferriage, § 1761. 

Of State Superintendent of Education, 
§ 1698. 

Superintendent of Charleston County, 
§ 1813. 

TREASURER 

See "School Board." 
Of trustees of special school districts, 
§ 1752. 

TRUSTEES 

See "School Trustees." 
Of School Districts 

Expenditure and disbursement of 
school tax, § 6. 
Selection of, § 6. 

TUITION 

See "Pupils." 
UNCLAIMED PROPERTY 

Investment of in school fund, § 11. 
Right of State Treasurer to hold, § 
1702. 

UNION COUNTY 

Salary of County Superintendent in, § 
1728. 

UNIVERSITIES 

See "Colleges and Universities." 

UNIVERSITY OF SOUTH CARO- 
LINA 

Accredited college, Rule 13, p. 68. 
Appointment of beneficiaries of schol- 
arships, § 1816. 
Atheist president, § 1854. 
Board of Trustees 

Compensation of, § 1846. 
Duties 

Admission of normal students, § 

1859. 
Admission of young women, § 
1859. 
General powers, § 1849. 
Incorporation of, § 1847. 



UNIVERSITY OF SOUTH CAROLINA 

— Continued. 

Meetings, § 1848. 

Perpetual succession of, § 1847. 

Powers 

Appointment of librarian, § 1855. 
Assignment of professors to other 

duties, § 1855. 
Discretionary powers, § 1858. 
Disposal of tuition fees in law de- 
partment. § 1856. 
Election of president, § 1853. 
In investigation of university af- 
fairs, § 1852. 
Regulation of room rent, use of li- 
brary, etc., § 1856. 
Remission of fees to teachers, § 

1856. 
To adopt a seal, § 1847. 
To expel students, § 1853. 
To fill vacancies in university of- 
fices, § 1849. 
To fix additional fees in law de- 
partment, § 1856. 
To hold propertj', § 1847. 
To procure evidence, § 1852. 
To receive and invest scholarship 

funds, § 1851. 
To suspend students, § 1853. 
President of Board, § 1848. 
Quorum, § 1848. 
Suits by and against, § 1847. 
Term of office, § 1846. 
Vacancies in, § 1846. 

Chaplain, § 1854. 

Date of examination for scholarships, 
§ 1710. 

Faculty of 

Composition of, § 1853. 
Powers of, § 1853. 
Power to suspend students, § 1853. 
President an atheist or infidel, § 
1854. 
Infidel president, § 1854. 

Law Department 

Additional fees, § 1856. 

Beneficiary scholarships, § 1856. 
Librarian, § 1855. 
Maintenance of, § 8. 
Normal scholarships, § 1714. 
Power to accept money, § 1860. 
Power to confer degrees, § 1857. 
President an atheist or infidel, § 1854. 

Professors 

Duty of chaplain, § 1854. 

Salary for additional duties, § 1855. 
Requirements as to scholarships, § 

1713. 
Sale of university property, § 1850. 
Scholarships, §§ 8, 1709, 1851. 
Title and right to property, § 1850. 
Tuition fee, § 1856. 
Tuition in law department, § 1856. 

VACANCIES 

Filling vacancies in office of Superin- 
tendent of Education, § 1704. 



INDEX 



97 



VACANCIES— Continued. 

Filling vacancies in scholarships, § 

1712. 
Filling vacancies in Trustees of Win- 

throp College, § 1871. 
From failure of County Superintendent 

to qualify, § 1717. 
In Board of Commissioners of deaf. 

dumb and blind institute, § 1918. 
In Board of Trustees. § 1752. 
In Board of Visitors of citadel, § 1861. 
In County Boards of Education, Rult 

7, p. 67. 
In office of County Superintendent, 

Rule 8, p. 67. 
In office of County Superintendent of 

Education, § 1718. 
In State Board of Education, Rule 7, 

p. 67. 

VACATIONS 

See "Holidays." 
VACCINATION 

Compulsory, § 1607. 
VENDERS 

Of school supplies. Rule 25, p. 69. 
VERIFICATION 

Of claim of County Superintendent of 
expenses, § 1728. 

VETERINARIAN 

Of Clemson College, §§ 1900, 1904. 
Powders and duties of veterinarian of 
Clemson College, §§ 1904, 1905. 

VILLAGE HIGH SCHOOLS 

Aid to. Rule 34, p. 71. 
VISITATION 

By school trustees, § 1761. 
Of school, § 1753. 

VOUCHERS 

For equipment of library, § 1798. 
For payment of school funds, § 1720. 
Of secretary of special school districts, 
• § 1752. 
Of treasurer of special school districts, 

§ 1752. 
Warrants constituting, § 577. 

WARRANTS 

Approval of, §§ 1759, 1735. 

Approval of. Rule 23, p. 69. 

Countersigning, § 1767. 

For aid under extension regulations. 

Rule 58, p. 73. 
For Charleston tax levy, § 1814. 
For high school appropriations, § 1834. 
For library appropriation, § 1797. 
For monthly apportionment of school 

fund, § 577. 
For payment of school tax, § 1742. 
For school funds, § 1767. 
For school supplies. Rule 25, p. 70. 
List of purchasers of, Rule 25, p. 70. 
Of Board of Trustees, § 1748. 
Of County Board of Education, § 1728. 
Payment of funds on, § 1720. 
School funds, § 1735. 



WARRANTS— Continued. 

Signature of. Rule 23, p. 69. 
Vouchers, § 1761. 

Withholding pay warrant. Rule 23, 
p. 69. 

WHITE PUPILS 

Separation of in schools, § 7. 

WINTHROP NORMAL AND INDUS- 
TRIAL COLLEGE 

Accredited college, Rule 13, p. 68. 
Awrard of scholarships in, regularly, § 

1714a. 
Board of Trustees 

Acceptance of office, § 1872. 

Certificate of election, § 1872. 

Compensation of members, § 1871. 

Composition of, § 1871. 

Contractual powers, § 1874. 

Corporate powers, § 1874. 

Duty as to curriculum, § 1875. 

Forfeiture of office, § 1873. 

Incorporation of, § 1874. 

Name and style of, § 1874. 

Organization of, § 1873. 

Perpetual succession, § 1874. 

Powers 

Appointment of president and pro- 
fessors, § 1875. 
Incidental powers, § 1874. 
To admit free students, § 1876. 
To assign scholarships, § 1878. 
To confer degrees and grant diplo- 
mas, § 1877. 
To fix salaries and wages, § 1875. 
To make by-laws, rules and orders, 
§ 1874. 
Property rights, § 1874. 
Purchase of property, § 1874. 
Quorum, § 1873. 
Regular meetings of, § 1871. 
Seal of. § 1874. 
Suits by and against, § 1874. 
Term of office of members, § 1871. 
To receive gifts, devises and be- 
quests, § 1874. 
Vacancies in, § 1871. 
Date of examination for scholarships, 

§ 1710. 
Diplomas and degrees from, § 1877. 
Maintenance of, § 8. 
Name of, § 1870. 
Scholarships. §§ 8, 1709, 1778. 
Tuition fees, § 1876. 
Summoning of, § 1736. 

WOFFORD COLLEGE 

Accredited college. Rule 13, p. 68. 
WOMEN 

Right to attend University of South 
Carolina, § 1859. 

YEAR 

Limit on school year, § 1782. 
School year, § 1781. 

YORK 

Salary of County Superintendent in, § 

1728. 



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